Tag Archives: General Assembly

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Virginia legislators cast a wide net on energy, hoping to land more capacity

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Virginia's capitol building in Richmond.

Two themes have emerged in the first half of the General Assembly session this year. First, legislators have no intention of stopping the data center boom, even temporarily. And second, their preference for dealing with the skyrocketing energy demand is to piece together a lot of small and medium-sized initiatives in hopes they all add up to enough to meet the moment. If it doesn’t work, that’s a problem for next year.

I’ll write about data center legislation in my next column; for now, let’s look at some of the bills that are aimed at increasing the ability of Virginia utilities to serve the data centers – and incidentally, the rest of us.

Everybody seems to have ideas for how Virginia can generate more energy, use it better, or make the grid (and our utilities) operate more efficiently. Many of these ideas aren’t new, but the pressure of rising electricity rates means the stakes are higher than ever, and bills are often advancing with bipartisan support. 

Notice how many different legislators are named as the sponsors of these bills. This is not just the usual in-crowd of energy wonks crafting measures. This year, everyone has ideas, and a remarkable number of these ideas are getting traction.

Making the most of the wires you’ve got

The first priority is to maximize use of the existing grid, allowing it to handle more power without building new transmission. 

Bills addressing the grid take many forms, including targeting new generation for places on the grid where there is spare room already, using demand-response programs to shift demand from peak hours to off-peak, improving energy efficiency and tapping into distributed resources at homes and businesses to supplement what utilities can do.

House Bill 114 from Del. Lee Ware, R-Powhatan, and Senate Bill 267 from Sen. Schuyler VanValkenburg, D-Henrico, task the SCC with studying alternatives to new generation. Possibilities to be studied include “capacity uprates for zero-carbon electric generating resources and energy storage resources and transmission upgrades including grid enhancing technologies and high-performance conductors.”  

Intriguingly, the legislation also directs the SCC to analyze pathways for large load customers to voluntarily finance the grid upgrades “as a condition of accelerated interconnection.” Ware’s bill has already passed the House unanimously and is now in Senate Commerce and Labor, which is expected to hear the identical Senate version this week.

Similarly, HB 434 from Del. Destiny LeVere Bolling, D-Henrico, requires the SCC to set a “grid utilization standard” for Dominion Energy and Appalachian Power Company, which the utilities are then required to meet. The bill passed the House unanimously. SB 621 from Sen. Kannan Srinivasan, D-Loudoun, is similar.

Last year the General Assembly passed legislation establishing a pilot program for a “virtual power plant” (VPP), a way to aggregate distributed generation and storage resources to help utilities shift some electricity demand away from peak times. VPPS have emerged as a way to tap into customer-sited resources for the benefit of the grid without the utility having to invest in a similar amount of generation – or the transmission to go with it. 

Last year’s program was only for Dominion. This year bills expanding programs to APCo and interested electric cooperatives appear likely to pass both chambers without problems.

HB 1065, introduced by Del. Phil Hernandez, D-Norfolk, known as the FAST Act, directs Dominion Energy and Appalachian Power to examine the points on the grid where solar facilities are interconnected in order to figure out where there is room to add more capacity. 

The idea is that the utilities ought to be able to add solar generation and storage where there is this surplus interconnection capacity instead of having to make new investments in grid capacity. The legislation then requires the utilities to issue requests for proposals for appropriate projects, under the supervision of an independent auditor.

HB 1065 has passed out of the Labor and Commerce committee.  Its Senate companion, SB 508 from VanValkenburg, will be heard in Senate Commerce and Labor this week.  

Energy efficiency programs remain one of the best tools for lowering energy consumption, freeing up room on the grid for new customers. Most legislation this year is aimed at serving low-income residents. 

These include HB 2 from Mark Sickles, D-Fairfax, which has already passed the House, and its companion, SB 72 from Srinivasan. The bills require Dominion and APCo to increase their efforts to serve qualifying households. HB 1393 from Bolling and SB 327 from  VanValkenburg require these utilities to develop a program for spending on energy upgrades. 

Other bills in the House and Senate establish a task force designed to remove barriers for low-income residents to access energy efficiency and weatherization programs. 

And lest we not forget, low-income energy efficiency programs receive 50% of the auction proceeds from participation in the Regional Greenhouse Gas Initiative. 

When Gov. Glenn Youngkin yanked Virginia out of RGGI, hundreds of millions of dollars for these programs were lost. HB 397 from Del. Charniele Herring, D-Alexandria, and SB 802 from Sen. Mamie Locke, D-Hampton, reiterate the requirement that the state participate in RGGI. Herring’s bill has passed the House, and Locke’s bill is set to pass the Senate this week. 

Outside the Capitol, Attorney General Jay Jones recently announced hestopped the state’s appeal of a court ruling that found former Gov. Glenn Youngkin unlawfully removed Virginia from RGGI.  

Everything’s better with storage

Batteries and other forms of energy storage have emerged as a panacea of sorts for correcting the mismatch of generation and demand at various times of the day. Too much nuclear at night when no one needs that much power? Store it. Too much solar during the day? Okay, for now that’s a trick question. Solar still makes up less than 10% of our electricity. But you get the point. 

That’s why one of this year’s most consequential pieces of legislation is HB 895 from Del. Rip Sullivan, D-Fairfax, and SB 448 from Sen. Lamont Bagby, D-Henrico. The bill hugely expands the VCEA’s targets for utility investments in energy storage, and includes new provisions for long-term storage of more than 10 hours in duration. Sullivan’s bill has gone to House Appropriations after passing out of Labor and Commerce, while Bagby’s has been referred from Commerce and Labor to the Finance committee.

A related bill from Sullivan, HB893, requires Dominion to assess the use of its energy storage resources through a power flow model. I would explain that if I understood it. The bill has reached the House floor.

A little energy here, a little there, and next thing you know you’ve got megawatts

Six years ago, a bill known as Solar Freedom caught on for its promise of removing barriers that were holding back rooftop solar. Most of its provisions became part of the Virginia Clean Economy Act. Loosening restrictions on customer investments in distributed generation led to significant increases in small solar facilities at homes and businesses as well as on public buildings, particularly schools. 

This year, the loss of federal tax incentives for solar, coupled with a sense of urgency to add every possible kilowatt to a grid under strain, has prompted legislators to look for more ways, large and small, to unlock private investment in solar and storage. 

Solar Freedom was successful in eliminating the dreaded “standby” charges assessed by Appalachian Power, while limiting Dominion’s ability to collect them for residential systems over 15 kW. This year, HB 1255 from Del. Irene Shin, D-Fairfax, aims to raise that to 20 kW. The bill has passed House Labor and Commerce and moves to the House floor.  

Solar Freedom and the VCEA also made it easier for commercial and government customers to finance solar acquisition through power purchase agreements (PPAs); however, residents have not been allowed to use PPAs, with the exception of low-income customers. The prohibition made no sense then, and it is a genuine barrier now that residents can no longer access federal tax credits for solar through direct ownership of the panels.

 HB 628 from Del. Katrina Callsen, D-Albermarle, resolves that problem along with increasing the percentage of the state’s renewable portfolio standard that must be met with distributed generation projects of under one megawatt. The legislation passed the House unanimously. Its Senate companion is expected to be heard this week.  

Plug-in solar, also known as balcony solar, captured the public’s imagination this fall as a simple, low-cost way for residents to access solar without the hassle of permits and interconnection agreements. Several bills in the House were rolled into one piece of legislation carried by Fairfax Democrat Del. Paul Krizek and Senate Majority Leader Scott Surovell, D-Fairfax. The House version has already passed the chamber unanimously, while the Senate version will be heard in committee this week. 

Another idea popular with the public is putting solar canopies over parking lots. HB 1234 from Del. Briana Sewell, D-Prince William, would allow localities to require certain commercial developers to install solar on as much as 50% of a surface parking lot with more than 100 spaces. The bill has been reported from committee and will head now to the House floor. A Senate companion, SB26 from Sen. Jennifer Carroll Foy, D-Prince William, will be heard this week in committee. 

HB 590 from Del. Phil Hernandez, D-Norfolk, and SB 382 from Surovell, streamline residential solar permitting in an effort to reduce delays and “soft costs” that drive up the cost of distributed solar.

Finally, Lt. Gov. Ghazala Hashmi is expected to head up a task force to seek further ways to promote distributed solar and generation if a bill from Del. Dan Helmer, D-Fairfax, and  VanValkenburg succeeds. 

Making it easier to build stuff, big and little

A related group of bills shares the goal of making it easier to get energy and storage projects sited, permitted or over the finish line. 

Two bills expand the existing shared solar programs available in Dominion and APCo territories. HB 807 from  Sullivan and SB 254 from Surovell expand the Dominion program by an additional 525 MW, with a provision for more after that. 

Sullivan and Surovell are also the patrons of House and Senate bills expanding the smaller APCo program by 100 MW in two stages, again with provision for more later. Both of Sullivan’s bills have now passed the House unanimously, while Surovell awaits action in Senate Commerce and Labor.

HB 891 from Del. Irene Shin, D-Fairfax, and SB 443 from Sen. Jeremy McPike, D-Prince William, will make it easier to site battery storage at solar facilities by removing the second round of permitting.  The bills have passed both the House and Senate.

As I’ve written before, getting solar projects approved at the local level has increasingly been a challenge in rural parts of Virginia. A bill I especially liked, allowing farmers to install solar by right, failed in subcommittee. However, legislation setting standards for projects and requiring localities to consider them on their merits (in lieu of blanket bans) has already passed both the House and Senate. 

A few legislators have proposed grant programs to help customers, and in some cases utilities, pay for solar and storage. All of these face an uphill battle in the money committees; if successful, they will have to fight for a slice of the budget pie.

HB 1089 from Del. Michael Webert, R-Fauquier, and SB 415 from Sen. Mark Peake, R-Lynchburg, increase the subsidy for an existing program incentivizing solar on brownfields and coal mine sites. HB 1133 from Del. David Reid, D-Loudoun, and SB 834 from Sen. Michael Jones, D-Richmond, establish a new grant program for solar and, especially, batteries. (Update: Reid’s bill perished, but Jones’ has reached the Senate floor.) 

HB 683 from Herring and SB 659 from Sen. Christie New Craig, R-Chesapeake, create a grant fund to help pay the interconnection costs for solar on schools and other public bodies. Herring’s has passed the House. New Craig’s has reached the Senate floor.

Meanwhile, HB 1444 from Del. Alfonso Lopez, D-Arlington, and SB 225from Surovell create a green bank to provide financing for clean energy projects. 

Looking towards the future 

Lawmakers are thinking long term about offshore wind energy. Sure, it feels like the industry has stalled out in the face of President Trump’s visceral loathing, but the general feeling is that the hostility will disappear in three years when its source does. Meanwhile, the East Coast is desperate for new energy sources close to load centers that don’t require new transmission lines on land. Offshore wind still fits the bill. 

That may be why offshore wind continues to earn bipartisan support in Virginia. HB 67 from Del. Michael Feggans, D-Virginia Beach, was among the earliest bills to pass both chambers this session, with support from members of both parties. Both HB67 and SB 25 from Sen. Jennifer Carroll Foy, D-Prince William, would organize an offshore wind workforce effort. 

(We will have some catching up to do. While U.S. states struggle to complete the 5 GW of offshore wind currently under construction in the face of Trump’s attacks, the rest of the world has kept building. China’s offshore wind capacity has grown to more than 40 gigawatts, and its advances in the technology have made it cost-competitive there.) 

If all else fails, throw a Hail Mary

Legislators still like to think big, when “big” is comfortably off in the future, where potential problems don’t loom as large. Many of them have their sights set on small modular nuclear reactors (SMRs). If all goes well, they hope, this technology will provide many gigawatts of carbon-free energy on a 24/7 basis, paid for by tech companies. If things don’t go well, a few overpriced projects would provide a nice boondoggle for Dominion and APCo at ratepayer expense. What’s not to like?

Currently the VCEA treats nuclear as a middle-tier resource, neither incentivized like renewable energy nor discouraged like fossil fuels. Some legislators from both parties want to elevate new nuclear to the same status as renewable energy, proposing a system of “zero emission credits” (ZECs) that both utilities and customers like data centers could purchase in lieu of renewable energy credits (RECs). 

Though the House Labor and Commerce committee does not seem inclined to take up Republican bills to make nuclear qualify for the renewable portfolio standard, other pro-nuclear bills are moving forward. 

HB 369, from Reid, allows certain corporate customers to buy ZECs from Virginia sources and avoid their share of a utility’s renewable energy costs. The bill has made it to the House floor and is likely to pass this week. 

In the Senate, the nuclear bill most likely to pass is SB 598, from Sen. Creigh Deeds, D-Charlottesville.

Deeds’ bill puts ZECs on an equal footing with RECs beginning in 2035. The legislation also speeds up the timeline for Dominion to purchase renewable energy in the near term and increases the percentage of it that must be built by third parties. From 2035 to 2045, Dominion and APCo are instructed to seek permission from the SCC to build or buy zero-carbon energy – 1600 MW for APCo and 5,000 MW for Dominion. Again, half of that would be developed by third parties. 

The bill also allows the SCC to reduce the targets if load growth doesn’t justify them. Oddly, however, the SCC is not empowered to cancel the targets for reasons like questionable safety, lousy economics or commercial non-viability, a remarkable oversight given the less-than-stellar track record of the SMRs under development.  The bill will be heard in Senate Commerce and Labor this week.

This article was originally published in the Virginia Mercury on February 10, 2026. It has been updated to include one bill I left out and to reflect recent action at the General Assembly.

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Solar can save Virginia farms — if government gets out of the way

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Photo courtesy of the American Solar Grazing Association

It’s not easy to be a farmer in Virginia. Pests, weather, uncertain markets and access to capital are a perennial problem. This year farmers have also had to contend with disruptions from President Donald Trump’s on-again, off-again tariffs, and an immigration crackdown that has deprived many farms of their experienced labor force. 

 And then there’s climate change and the outward creep of suburban sprawl. No wonder studies show the number of farms in Virginia continuing to shrink, and the age of farmers still in business trending steadily upward. We are losing our family farms.

 That’s why I’m baffled by the resistance to solar in many parts of rural Virginia. 

Farmers who lease part of their land for solar earn a guaranteed, stable income for 25 or 30 years, keep the property in the family, and never have to watch as a subdivision paves over the fields where they played as children. The income from a solar project will be there when a late frost means the loss of that year’s fruit crop or a scorching summer reduces the corn harvest by half.

Indeed, these days the choice is not between farming and solar; farming and solar are increasingly compatible “crops.” Sheep grazing has gotten the most attention in Virginia for its perfect synergy with solar: the sheep thrive in the shade of the solar panels and do the work of vegetation management, which otherwise would require herbicides and machinery. Elsewhere, farmers are raising cattle, poultry, grapevines and shade-loving crops under solar, in a practice collectively known as agrivoltaics.

 The combination of solar and agriculture is spreading rapidly across the country, endorsed by organizations like the American Farmland Trust. Solar sheep grazing is so popular that it has its own trade association, the American Solar Grazing Association. Here in Virginia, at least two sheep grazing companies contract with large solar developers for vegetation management. One, Gray’s Lambscaping, has over 800 sheep at solar projects, and expects to scale up to 5500 sheep by 2028. 

 Meanwhile, the conservation group Piedmont Environmental Council (PEC), which typically opposes large solar projects, is demonstrating the feasibility of growing vegetables under solar panels at a community farm in Loudoun County. 

 If solar integrates so well into the agricultural economy, what is the reasoning behind the county ordinances that ban solar or limit it to only a few projects? And why, when a county doesn’t prohibit solar outright, do local leaders so frequently reject permits for projects that meet all their conditions?  

 I’ve received emails from solar haters who regurgitate misinformation about the harms of solar panels, I’ve listened to legislators wax eloquent on the subject of “protecting rural values,” and I’ve sighed in frustration at a few fellow members of the environmental community who, when it comes to it, care less about addressing climate change than about keeping viewsheds pretty. 

 Often the opposition to solar is couched in terms of defending local control of land use decisions. But too many localities use this authority, not to make sure projects are developed responsibly, but to make sure they aren’t developed at all. And to that end, they prevent landowners from using their land in the way the owners have decided they need to. The rejections don’t mean the land returns to being farmed; more likely it means the land will be sold and, quite likely, developed for housing or even – gah! – data centers. If localities cared about saving farmland, they would approve more solar.

 In the last year, the percentage of utility solar projects that receive permits from localities ticked up slightly. One possibility is that the hostility to solar is easing. That would be welcome, but I suspect the more likely reason is that solar companies aren’t pursuing projects where they expect rejection. That’s a loss all around: the localities lose out on tax revenue, their landowners lose out on income, and everyone loses out on low-cost electricity.

 The hostility to solar makes little sense to me. Conservatives who care about property rights typically favor landowners over the government, so why is solar different? To be fair, some conservatives actively support solar, such as the groups Conservatives for Clean Energy and Energy Right.

 On the other side of the political spectrum, liberals and everyone else who cares about climate change should want solar everywhere – and most do, but not all. As for solar and farming, those of any political persuasion who care about farmland preservation should favor solar over subdivisions. And anyone who cares about the farmers themselves should be spreading the gospel of solar. Agrivoltaics is just the icing on the cake that can make everyone feel they didn’t have to compromise.

The legislative response

 Legislators have struggled with this problem for several years now. Many are desperate for new clean energy projects to serve the fast-rising demand for electricity, but they’ve been unable to bring themselves to take authority away from recalcitrant localities. It’s a hard needle to thread.

 Last year members of the Commission on Electric Utility Regulation (CEUR) crafted a multi-part bill designed to give localities all the information they need to make rational decisions about solar permitting, while giving landowners and project developers a right to appeal adverse decisions to the State Corporation Commission (SCC). 

 That bill failed in committee, and this year only a part of it made it into a bill. House Bill 918, from Del. Rip Sullivan, D-Fairfax, sets up a university consortium to provide expertise and guidance, including on solar siting and permitting. 

 Meanwhile, a bill proposed last year by members of the solar industry came closer to passage than the CEUR bill did. The industry bill proposed a suite of rigorous best practices for solar, designed to reassure localities that solar facilities will be good neighbors. 

Among the best practices were farm-friendly provisions like using native pollinator plants, screening with native trees, and incorporating grazing animals or farm crops. Localities would not be allowed to ban solar outright, but would have to make decisions on the merits of each proposal. However, nothing in the bill would have required localities to approve these projects.

 The industry bill foundered last year, but this year it is back with the endorsement of CEUR. In its current form, HB 711 from Del. Charniele Herring, D-Alexandria, and Senate Bill 347 from Sen. Schuyler VanValkenburg, D-Henrico, continues to preserve local decision-making, but localities that deny permits to solar projects must report their reasons to the SCC for inclusion in a public database. SB 347 has already been reported from committee and will be heard by the full Senate.

 Only one bill this year is directly aimed at helping farmers install solar. HB 1091 from Del. Amy Laufer, D-Albermarle, adds half a line to Virginia’s right-to-farm law giving farmers a right to install solar if they also use the same land for agricultural activities like grazing or crops.  The effect of Laufer’s bill is that any farmer who wants to combine solar and farming could do so without having to go get a local permit. (The right-to-farm law does not exempt farmers from other laws, so regulations governing erosion, wetland protection, etc. still apply.)

 A more modest bill, developed by PEC and carried by Del. Irene Shin, D-Fairfax, defines agrivoltaics and sets up an advisory panel to determine what qualifies, consider possible requirements and limitations, and make recommendations for next year. That’s encouraging, but unfortunately, the bill defines agrivoltaics specifically to exclude “solar energy generation that replaces the farmer’s primary income.”

Counterfactual definitions like this tend to cause problems. 

If a farmer has a crop failure, and the farm’s major source of income that year is solar, do they no longer qualify? It also suggests that sheep graziers in the business of using their animals for vegetation management at solar projects – i.e., agrivoltaics – could not use the industry-accepted word to describe what they do. Besides, really, don’t we want all solar projects to incorporate agriculture?

 A bill from Sen.David Marsden, D-Fairfax, would task the Department of Energy with setting up a committee of experts to develop solar siting criteria and then score the appropriateness of any proposed site for solar. There’s no indication in the bill that the criteria would include a farmer wanting to include solar among their products, but perhaps it could. However, it would not require localities to approve any projects. 

 It feels inevitable that the future of solar incorporates farming, and the future of farming may well mean incorporating solar. Whether Virginia’s leaders see this yet or not is another question, but they do have their opportunity this year.

This article was originally published in the Virginia Mercury on January 28, 2026.

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As 2026 legislative session starts, data centers’ diesel generators are a top concern for Virginians

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Data center between housing community and a bike path
A data center in Ashburn, Virginia. Photo by Hugh Kenny, Piedmont Environmental Council.

Virginia’s ever-growing fleet of data centers will take the spotlight when the General Assembly reconvenes this week. Along with bills addressing issues like energy use and siting, legislators will need to address a problem that received little attention in previous years: the diesel generators that provide backup power in emergencies.

In Northern Virginia, where most data centers are concentrated, millions of people are exposed to air pollution from thousands of massive diesel generators. Air toxins permeate the surrounding area every time these generators are run for routine testing and maintenance, with greater levels of pollution when they all kick on at once in a grid emergency. As more data centers go up in suburban neighborhoods and close to schools, residents fear that their health, and that of their children, is being sacrificed to Big Tech’s AI ambitions. 

Ongoing research led by Dr. Damian Pitt at Virginia Commonwealth University, using data from the Virginia Department of Environmental Quality (DEQ), shows pollution from data centers currently makes up a very small but growing percentage of the region’s most harmful air emissions, including CO, NOx and PM2.5. (In pollution, the automobile is still king.)  Already the appendix to the report, using 2023 data, shows significant impacts to neighborhoods around data centers in Loudoun and Prince William counties, exceeding emissions from other high-pollution facilities in the region. 

(Map courtesy Damian Pitt/Virginia Commonwealth University research team)

But as the research team noted, the total allowable emissions under DEQ permits is far greater, and this also keeps growing with construction of each new data center. 

And those are annual limits, which could be met with very high emissions on a limited number of days. It’s not hard to imagine the health crisis that might accompany a grid emergency causing all of the area’s generators to fire up at once on a hot summer day, perhaps when smoke from wildfires is already pushing air quality into the hazard zone. 

Yet the problem grows with every new data center that’s built, each one requiring backup power on site. In Virginia, diesel is the fuel of choice, most of it burned in so-called Tier II emergency generators with no pollution controls. 

In the past year, large operators have started installing Tier IV generators in addition to Tier II generators. The Tier IV have some pollution controls and are not restricted to emergency use. They are subject to the same annual emissions limits, but as long as they stay under the permitted level there is no limit on how much they can run. 

The new trend suggests that operators who install these non-emergency generators either think their Tier II generators may be used so much in the future that it will put the data center at risk of exceeding the permit’s annual air pollution limits – which would be bad – or they intend to use the Tier IV generators outside of emergency situations – which might be worse. 

Either way, it appears operators expect to burn a lot more diesel fuel in coming years. One Amazon permit I reviewed contemplates a single data center using up to ten million gallons of diesel fuel annually for 173 generators. All that diesel fuel is delivered by diesel trucks, which adds to the region’s pollution but isn’t limited by the permits.

Why so much? DEQ guidance from January 2025 indicates that data centers have two to three levels of redundancy in their generator capacity – that is, backups for the backups, so operators never have to fear losing power if some of the generators won’t start. As a result, there is more generator capacity than data center load. Together, Northern Virginia’s 4,000-plus diesel generators add up to over 11 gigawatts of energy capacity – exceeding Dominion Energy’s entire natural gas fleet, and enough to power millions of homes. 

But of course, they don’t power millions of homes. They are used only for data centers, and when all goes well, they aren’t used at all. These thousands of generators just sit around doing nothing.  

Apparently, this is the cheapest possible way to ensure data centers never lose power, but it’s hard to believe they can’t do better. If there is redundancy anyway, data centers ought to be using batteries or other storage as their first line of defense in an outage, reserving Tier IV for second-line backup and eliminating Tier II generators altogether. Typical lithium-ion batteries provide four hours of electricity, enough to cover most backup needs and still leaving room to help the grid meet peaks in demand. 

A (very) few operators are in fact doing this, but unless Virginia acts to require it, Big Tech has little incentive to prioritize clean backup power. The use of diesel generators offloads the true cost of backup power onto residents in the region, who pay in the form of worse health outcomes and a lower quality of life. Evidently that suits the tech companies just fine. 

While residents demand an end to the pollution, Virginia’s government has been going in exactly the opposite direction. This fall, DEQ amended a guidance document to allow Tier II generators to run more often. DEQ achieved this by changing the definition of “emergency” to include planned power outages, such as might occur when a utility schedules work on a substation that supplies electricity to a data center. 

DEQ cut some legally-questionable corners to get this change finalized two weeks before the end of Glenn Youngkin’s term as governor. When word got out, more than 500 people submitted comments online and by email, overwhelmingly opposed to easing generator restrictions. Only a small handful of commenters supported the change, mainly the data centers themselves and a couple of their chamber of commerce allies. 

DEQ didn’t respond to ordinary residents, but the letter it mailed to what seems to have been a select few commenters was unrepentant. DEQ did not even acknowledge the suggestions that it require batteries instead of allowing the increased use of the dirtiest diesel generators.

Pressure will now be on the General Assembly to tackle the issue. This session will likely see the reintroduction of legislation offered in 2024 and 2025 by Sen. Creigh Deeds, D-Charlottesville, and Del. Rip Sullivan, D-Fairfax, limiting or banning the use of diesel generators at data centers as part of larger bills addressing their energy use.

And this year a new Loudoun County Democrat, Del. John McAuliff, has introduced legislation requiring data centers to use storage as the first line of defense in emergencies, limiting Tier IV generators to emergency use when storage is exhausted, and removing the option of Tier II generators altogether. The bill also adds air monitoring and public notification requirements.

No doubt the data center lobby will resist these measures, as they have absolutely every initiative that would require them to shoulder the cost of their presence in Virginia. Their allies in the General Assembly will fret that requiring Amazon to prioritize cleaner alternatives to diesel generators might raise costs incrementally for a multinational company and its billionaire chief. 

That feels increasingly out of touch. In November a Virginia government report calculated that the data center industry received more than $2.7 billion in incentives over the past decade, thanks to Virginia taxpayers. 

It shouldn’t be any surprise that now the taxpayers would like a little consideration in return.

This article was originally published on January 14, 2026 in the Virginia Mercury.

Update: On December 29, 2025, DEQ quietly released a “revision” to its guidance memo on permit-writing procedures for diesel generators. For permits received after July 1, 2026, the revision adopts a “presumptive Best Available Control Technology” (BACT) for both emergency and non-emergency generators at data centers that will now be based on Tier IV generators or the equivalent. As I understand it, this means new data centers will be expected to have pollution controls on their emergency generators — a welcome improvement! — unless they are able to persuade DEQ otherwise.

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The bills are back in town

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Legislators cue up last year’s vetoed legislation for a new session, but leave us wanting more

Last spring Gov. Glenn Youngkin vetoed more energy bills than he signed, killing legislation designed to increase rooftop solar and energy storage, strengthen utility planning requirements, and make efficiency improvements more available to low-income residents. 

Now, with Abigail Spanberger set to replace Youngkin in the Governor’s Mansion and Democrats in a position of legislative strength, those bills are back.

Members of the Commission on Electric Utility Regulation (CEUR) met several times this fall to examine last year’s failed energy bills to determine which should get the commission’s endorsement this year. CEUR is comprised primarily of legislative leaders from the Senate and House committees that hear energy bills, so endorsements signal a strong likelihood of passage. 

But while the bills CEUR endorsed show promise, I can’t help thinking they had better be just a starting point.  

Energy affordability and making data centers pay their fair share are supposed to be the top objectives for legislators this year. That makes it interesting, and concerning, that even as CEUR went beyond the vetoed bills to endorse some small new initiatives, it didn’t propose any legislation that would either supercharge generation in Virginia or put the onus on the tech companies to solve their supply problem themselves.  

We know bills like that are coming. Ann Bennett, the lead author of the Sierra Club’s comprehensive report on the state of the industry in Virginia, was, I hope, being hyperbolic when she told me she expects “a hundred” data center bills this session. Regardless, there will be a lot of them. 

Many will be land use bills that don’t go to the energy committees, but others will tackle the central contradiction at the heart of Virginia’s data center buildout: our leaders want the industry to grow, but haven’t faced squarely the problem of where the energy will come from. 

Getting more power on the grid (or freeing up capacity)

Some of the vetoed bills returning this year will put more energy on the grid. They won’t be enough to power the data center industry, but every bit helps. This includes one of the environmental communities’ top priorities, a bill that expands the role of rooftop solar in Virginia’s renewable portfolio standard (RPS). 

A new bill permitting balcony solar also got CEUR’s endorsement. Balcony solar – two or three panels that plug into a wall outlet, reducing a resident’s need to buy power – is the buzziest new idea of the year. The systems are too small to make much of a difference in megawatt terms, but by democratizing access to solar they counter the reputation of solar as a technology for rich people and will make it possible for solar skeptics to see for themselves that solar does actually work and save money.

Another CEUR initiative is a bill similar to one Youngkin vetoed that creates a carveout in the state’s renewable portfolio standard specifically for geothermal heat pumps. Like balcony solar, geothermal heat pumps don’t put electricity onto the grid, but by freeing up power for other customers it has the same effect.

 CEUR also endorsed a bill to simplify billing in the shared solar program in Appalachian Power Company’s territory, but a far more significant proposal to greatly expand shared solar in Dominion territory was deemed not ready for consideration after one of its patrons, Del. Rip Sullivan, D-Fairfax, said it was still in negotiation.  

The SCC recently directed a change in the calculation of Dominion Energy’s minimum bill that industry advocates say should make the program workable for customers beyond the low-income residents who were the only ones formerly able to access it. As currently drafted, the bill would allow shared solar to increase up to a maximum of 6% of Dominion’s peak load. That gives this bill the potential to make a meaningful dent in Virginia’s energy shortfall – if Dominion doesn’t block it. 

That assumes developers can get the community solar projects permitted at the local level. 

Virginia localities are notorious for denying permits to solar projects of all sizes, a recalcitrance that has contributed to Virginia having to import fully half of the electricity consumed in the state. CEUR has now scrapped last year’s big idea of allowing solar developers to appeal local government permit denials to the SCC, after failing to persuade enough legislators to vote for it last year. All that is left of that bill is a piece that establishes a university consortium to provide research and technical assistance. 

Luckily, last year’s other major solar siting bill lives on; it codifies best practices for solar projects without removing localities’ ability to deny permits even for projects that meet the high standards. New this year, however, is a requirement that localities provide a record of their decisions to the SCC, including the reason for any adverse decision. 

It’s not the solution the industry and landowners need to bring predictability to the local permitting process, but it does ratchet up pressure on county boards that have a habit of denying projects without articulating a legitimate reason. And sure enough, imposing that modest amount of accountability was enough to get Joe Lerch from the Virginia Association of Counties to speak against the proposal at the CEUR meeting. 

VACO seems likely to lose the fight this time around, and it should. Blocking solar development leads directly to higher electricity prices for consumers across the state. Moreover, it denies even a minimum of due process to landowners who want to install solar on their property – including farmers who need the income just to hold onto their land. For VACO to insist on counties having carte blanche to reject projects, with no responsibility to justify their decision, is arrogant and an abuse of the local prerogative.

Making the most of what’s already there

Anyone who keeps up with energy news has learned more in the past year about how the grid works than most of us ever wanted to know. There is widespread agreement that grid operator PJM has mismanaged its job, keeping new low-cost generation from interconnecting and driving up utility bills for customers across the region. Unfortunately, there is little that Virginia can do by itself to fix PJM.

But one key bit of information we can use is that utilities and the grid operator build infrastructure to meet the highest levels of demand on the hottest afternoons and coldest nights of the year, leaving much of that infrastructure sitting idle at other times. A recent study showed the grid could absorb far more data center demand than it can now if it weren’t for the 5% of the time when demand is at its highest. 

The issue is framed in terms of data centers being willing to curtail operations at times of peak demand, a solution for the companies that can do it. But there is also a broader point: we don’t need as much new generation if we use what we have better. 

That’s the principle behind several bills that CEUR endorsed. The most significant of these is a bill vetoed by Youngkin last year that almost doubles the targets for short-term energy storage laid out in the Virginia Clean Economy Act and adds targets for long-duration energy storage. As currently drafted, the 2026 version also adds new fire safety standards.

But CEUR did not discuss another obvious approach to increasing storage capacity on the grid: requiring data centers to have storage on-site, replacing highly-polluting diesel generators for at least the first couple of hours of a power outage and using spare battery capacity to assist the grid at other times. If Virginia is going to keep adding data centers at the current rate, this simply has to be part of the plan. We need far more storage than the CEUR bill calls for, and tech companies, not ratepayers, should bear the cost.

CEUR’s utility reform proposals would also help Virginia’s grid get the most out of what we already have. A bill to improve the integrated resource planning process (again, vetoed by Youngkin) requires utilities to consider surplus interconnection service projects to maximize existing transmission capacity. 

CEUR also proposes to have the SCC create a workgroup to study load flexibility. Though the SCC is already doing this through its technical conferences, the proposed legislation would formalize the process and task the work group with making recommendations.

And if all else fails, under another CEUR initiative, utilities would be explicitly allowed to delay service to new customers with more than 90 MW of demand if there wasn’t the generation or transmission available to serve them, or to protect grid reliability. As a fail-safe this is both obvious and inadequate; if a utility doesn’t have that authority now, it certainly needs it — but it needs it for a customer of any size.

Helping low-income residents save money 

CEUR endorsed several proposals that could help residents save money on energy bills. Some, like shared solar, balcony solar, geothermal heat pumps and the distributed solar expansion bill, would benefit anyone willing to make the investment. 

For low-income residents, weatherization and efficiency upgrades remain the focus. Last year the governor vetoed legislation from Del. Mark Sickles, D-Fairfax and Sen. Lamont Bagby, D-Henrico, which would have required Dominion and APCo to expand their low-income weatherization assistance to reach 30% of qualifying customers.  Sickles has already reintroduced his bill as HB2. CEUR endorsed a different recommendation from staff that the two utilities be required to extend their spending on energy assistance and weatherization programs. 

CEUR did not examine a related bill that has been reintroduced this year following a Youngkin veto last winter, establishing an income-qualified energy efficiency and weatherization task force to produce policy recommendations to ensure repairs and retrofits reach all eligible households. 

However, CEUR endorsed a bill that will require all utilities to disclose to the SCC information about electric utility disconnections, which presumably will inform the work of the task force.  

We’re going to need more

Even taken together, CEUR’s initiatives don’t fully address the biggest energy crunch Virginia has ever faced, and the rising utility bills that result. Possibly that is intentional; Democrats will continue to control the governor’s seat as well as the legislature for at least two years, giving them time to ramp up programs and see what works.

But data center development is so far outstripping supply side solutions that if legislators aren’t more aggressive this year, next year they will find themselves further behind than ever.  

As more bills are filed over the coming weeks, we are likely to see plenty of bold proposals. Hopefully, legislators now understand the urgency, and will be ready to act.

An earlier version of this article appeared in the Virginia Mercury on December 15, 2025. It has been edited to include the last two bills in the section titled “Making the most of what’s already there.”

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How Gov. Spanberger and a Democratic majority can make energy more affordable

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An aggressive legislative agenda this year will demonstrate national leadership on managing the data center buildout while delivering climate, health and economic benefits to all Virginians

Solar on schools and other public buildings reduce pressure on the grid while saving money for taxpayers. Photo courtesy of Secure Solar Futures LLC

If Virginia’s election last month was more than an unleashing of anti-Trump sentiment (and it definitely was that), it was about affordability. Governor-elect Abigail Spanberger made the cost of living the focus of her campaign, frequently mentioning high energy bills. House Democrats, whose majority has been boosted by the addition of 13 new members of their party, are also expected to focus on these bread-and-butter issues. 

In Virginia, the cause of these high bills is not hard to identify: Data centers are driving up demand well beyond the available supply, and high fossil fuel prices are pinching a state that relies on natural gas for most of its electricity. Spanberger has committed to making data centers “pay their fair share,” and both she and legislators will be looking for other opportunities to lower costs.

The bad news is that adding ever more data centers across Virginia means the upward pressure on electricity prices will continue. If the governor and legislators don’t want to kick tech companies to states with spare capacity, and if the administration of President Donald Trump continues to throttle the energy supply with its war on wind and solar, lowering energy costs in the near term likely isn’t possible. 

Even so, there is a lot that Spanberger and the General Assembly can do to protect residential consumers from these higher prices. 

Making data centers pay their fair share means more than tweaking rate structures. Several Virginia utilities have created special rate classes for large load users like data centers. The utilities will require data center operators to sign long-term contracts committing them to paying for a large percentage of the electricity and transmission they say they need, even if they don’t end up using that much or leave the Virginia market prematurely. 

These new tariffs can help protect other customers from some – though not all – of the risk involved in serving data centers, but they don’t address the “fair share” issue. The current allocation of transmission costs, with residential ratepayers picking up most of the tab for new lines that don’t benefit them, needs to change. If the SCC determines it doesn’t have authority to do that on its own, the General Assembly and Spanberger should pass legislation to make it happen. 

The harder problem is how to make residents whole for rate increases that result from data centers gobbling up all available power. The supply and demand problem has been compounded by a lot of bad decisions, with plenty of blame to go around. The federal government has driven up fossil fuel prices by allowing the export of increasing amounts of natural gas, while hindering and even blocking solar and offshore wind projects that could make up the deficit. 

Outgoing Gov. Glenn Youngkin is to blame for illegally pulling Virginia out of the Regional Greenhouse Gas Initiative (RGGI), removing the market incentive for Virginia utilities to increase investments in low-cost renewable energy instead of burning expensive fossil fuels. (His promotion of the false narrative that gas is “cheap” doesn’t help.) 

Virginia utilities share the blame for relying too much on natural gas and high-priced electricity imported from other PJM states. And grid operator PJM is to blame for failing to approve enough new generation, including wind and solar facilities that make up the vast majority of projects waiting for approval to interconnect.

This history leaves Spanberger with a fine mess. Keeping prices in check now requires two things that can actually be accomplished during the next four years: a greater buildout of solar generation and energy storage to get more capacity on the grid; and investments in energy efficiency and rooftop solar to take pressure off the demand side.    

Solve utility solar siting with agrivoltaics. Virginia needs more energy, and solar is the only source that can be built quickly. Yet one of the knottiest problems confronting the General Assembly in the past few years has been the rise of anti-solar sentiment in rural counties. 

Landowners who want to lease their property for solar, or even to install arrays for their own use, find themselves stymied by opposition from neighbors who don’t like the look and are able to persuade county boards to deny permits. As we’ve seen, sometimes denial of a solar permit even follows approval of an energy-sucking data center.

Last year the General Assembly came close to passing a bill that would require solar developers to implement industry best practices. Passing legislation like that this year will address the legitimate concerns of localities around controlling erosion and maintaining native plant buffers. But more can be done to make solar look and function like a normal part of Virginia’s agricultural economy.

Already, solar facilities have become integrated with agriculture, as sheep and sometimes cattle take over vegetation management and farmers learn which crops do well growing between rows of solar arrays. It’s a trend that offers benefits to the land and the community alike. Farmers are struggling; solar can provide a stable income while protecting land from permanent development and putting much-needed energy on the grid. 

Businesses are ahead of public policy on this. Virginia-based Gray’s Lambscaping manages vegetation with over 800 sheep at solar farms across the state, and the company plans to grow to over 5,000 sheep by the end of this year. Meanwhile, solar panels have proven compatible with a wide range of food crops.  

Virginia should take a leading role in expanding agrivoltaics. Virginia law already recognizes the right to farm as an exception to localities’ authority over land use decisions, and this should be extended to farmers who put solar on their land, as long as they are also using the same land for traditional agricultural practices like grazing and crops. 

Install solar on new public buildings and schools. Heck, put it everywhere.  In the past ten years or so, Virginia’s commercial solar sector has blossomed while saving taxpayers money. To date, an estimated 150 Virginia schools have installed solar panels, saving schools about 25% on their energy bills. Solar on every sunny school rooftop would add up to more than 1,000 MW of carbon-free generation. Extend the effort to the roofs of all suitable public buildings across the state, and that number can go much higher. 

Dominion and APCo have long tried to squelch competition from rooftop solar, a war that looks increasingly foolish as Virginia finds itself short on energy for all customers. Earlier this year Congress drastically accelerated the phase-out of solar tax incentives, but the savings remain available for commercial and utility-scale projects for the next two years. There is no shortage of good ideas out there to be acted upon. Spanberger and legislators should take full advantage of that opportunity to install as much solar as possible. 

Battery storage at data centers does triple duty. While solar is the cheapest, cleanest, and fastest way to generate power, it needs batteries or other forms of energy storage to make it into a 24/7 resource, and storage remains relatively expensive. For tech companies, however, the calculus makes more sense.

Data centers need backup power anyway; they typically have three layers of redundancy so that they never risk losing power when the grid goes down. Today the backup power is mostly provided by massive diesel generators, sometimes three times as many as they might actually need. Most of these have no pollution controls and are therefore not supposed to run except in emergencies and for testing and maintenance. That’s sill a lot of run time — and DEQ is proposing to make matters worse by expanding the definition of “emergency” to include scheduled outages.

Some tech companies are now installing generators with selective catalytic converters that produce fewer emissions. The catch is that these can legally be used in non-emergency situations, raising the possibility that they might be used for demand-response or peak shaving. In effect, data centers would be solving the peak demand problem with one of the dirtiest forms of energy. The cumulative effect on air quality could be worrisome, and Virginia’s carbon footprint would grow at a time when the law says it should be shrinking. 

What if, instead of diesel generators, data centers installed storage as their first line of defense against power outages, leaving diesel generators to be used only in the rare case of extended grid outages? Air quality would benefit, carbon emissions would decrease, and the data centers would have the backup power they need. The tech companies would pay more upfront but could be compensated by utilities for using their storage capability for grid services and demand response, lowering their draw from the grid at peak demand times. 

All the data centers in Virginia today use 6 gigawatts of power. That much storage would exceed the targets set in the VCEA for Dominion and APCo combined.  Even limiting the requirement to two hours of storage at new data centers would bring enough storage online quickly to eliminate the expensive demand peaks that drive the high price of energy.  

Require data center operators to source their own zero-carbon electricity. Most of the tech companies have sustainability commitments that they aren’t meeting, so it isn’t asking too much of them to put them in charge of this effort. Legislation to require this as a condition of accepting Virginia’s generous tax subsidies has been defeated for the past two years. The difference this year is that rising energy prices are now affecting everyone. 

Under this proposal, the zero-carbon electricity doesn’t have to come from Virginia, as long as it is available to customers here. Maybe the tech companies could even tap into their considerable influence with the Trump administration to make electricity more plentiful and affordable by reversing its war on solar and wind energy.

Why, after all, should Virginia residents sacrifice for the richest corporations in the world? If “paying their fair share” means anything, it should mean that data centers, not residents, bear the costs of making enough energy available to Virginia, and complying with our clean energy mandate.

Lower demand with energy efficiency and distributed solar. The gap between energy supply and demand does not have to be filled entirely through supply-side solutions. Lowering demand should also be part of the solution. Virginia utilities, Dominion in particular, have done a poor job of running energy efficiency programs. Looking on the bright side, though, that means plenty of opportunities remain.

House Democrats have already started work on this issue, with a focus on lowering winter heating costs for lower-income households. As reported in the Mercury last week, HB 2, from Farifax Del. Mark Sickles, requires Dominion and APCo to make their “best, reasonable efforts” to provide energy efficiency and weatherization to 30% of income-qualified customers by the end of 2031. HB 3, from  Del. Destiny Levere Bolling, D-Henrico, sets up a task force to study income-qualified energy efficiency and weatherization.  

These steps are okay for starters, and they would be juiced by the influx of money from RGGI carbon auctions (see next section), earmarked for low-income energy efficiency. But Dominion has repeatedly failed to meet the energy efficiency targets the legislature sets for it, and after all, why stop with 30% of low-income customers when all households could benefit from more comprehensive programs? Virginia can do much better.  

My last column discussed Rewiring America’s proposal to have tech companies pay for heat pumps, solar and batteries in the residential sector, saving money for households and freeing up capacity for data centers to come online sooner. An independent provider could run the program and verify the energy savings.  

(If the tech companies complain that an awful lot of the solutions I’m proposing come at their expense, it’s true. But the industry benefits from a state tax subsidy that has reached nearly a billion dollars per year, and will only grow further as the number of data centers doubles and triples. They can afford to give back.) 

Use RGGI for long-term affordability. Gov.-elect Spanberger has committed to seeing Virginia rejoin the Regional Greenhouse Gas Initiative (RGGI), the compact of northeastern states working to lower carbon emissions by 30% by 2030. RGGI works by requiring owners of carbon-emitting generating plants to buy carbon allowances at auction, penalizing carbon-intensive generation and rewarding investments in zero-carbon facilities like wind, solar and nuclear. States collect the auction proceeds, which in Virginia are dedicated to low-income energy efficiency and climate adaptation measures.

Republicans have already renewed their attacks on RGGI, calling it a tax on energy consumers. To the extent that’s true, it’s a tax mostly paid by the largest consumers (including data centers) for the benefit of low-income residents and people most vulnerable to storms and sea level rise. Moreover, all energy consumers benefit over the longer term as low-cost clean energy increasingly replaces expensive fossil fuels. 

Beef up efficiency standards in the residential building code. Most people who buy a new home assume that modern building codes incorporate the latest standards for insulation and efficient technology. In Virginia, they do not. Buyers would be dismayed to learn that their homes are costing them more on their utility bills than they saved on a purchase price supposedly made more affordable by poorer-quality insulation and appliances. Buyers are rarely consulted on these trade-offs, and few have the expertise to question a builder’s choices. Building codes are supposed to do that job.

Unfortunately, Virginia’s Board of Housing and Community Development, which writes the code, is dominated by the homebuilding industry. The industry wants to build homes as cheaply as possible to ensure the highest profit possible on the homes it sells. Even as national model code standards have become more rigorous, homebuilders have protected their own interests by keeping weak energy efficiency requirements in Virginia’s residential building code. 

In 2021, Virginia adopted legislation requiring the board to consider and adopt energy standards “at least as stringent as” the latest national model code standards when the benefits over time to residents and the public exceed the incremental costs of construction. But the board simply didn’t do it. Will this be the year legislators realize that a board dominated by the industry it regulates won’t act in the public interest without explicit directions? 

This is Virginia’s moment. Since the passage of the Virginia Clean Economy Act in 2020, renewable energy and storage have only gotten cheaper, while energy efficiency opportunities remain plentiful. Coal has solidified its place as the most expensive baseload source, and fossil gas remains stubbornly expensive compared to solar. Spanberger and the Democratic majority have an opening this year to go big on clean energy. An aggressive legislative agenda this year will demonstrate national leadership on managing the data center buildout while delivering climate, health and economic benefits to all Virginians.  

This column was originally published in the Virginia Mercury on December3, 2025.

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Will Virginia step up for its rooftop solar industry?

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Visitors to a net-zero energy home in Vienna, Virginia learn about solar as part of SunDay, a national celebration of solar energy, on September 21, 2025. Photo courtesy of Meredith Haines.

For solar energy, 2025 is the best of times and the worst of times. It’s the fastest growing energy source in the world and the largest source of new power capacity additions in the U.S. for the fifth year in a row. Even in the absence of tax subsidies, solar is the cheapest source of new electricity in Virginia, and indeed almost everywhere. 

Yet the congressional Republican budget law’s early termination of tax incentives for solar, together with the Trump administration’s determined efforts to restore fossil fuel dominance, make these dark days for the solar industry. The EPA is relaxing pollution standards for power plants and refusing to enforce regulations, and the same law that cut clean energy credits provided tens of billions of dollars in tax subsidies for drilling and mining activities. (What, did you think they wanted to level the playing field?)  

As a result, analysts project a sharp drop-off in solar installations in the coming years, posing a challenge to energy reliability and affordability. With data centers driving up the demand for electricity, the loss of tax credits for solar will mean higher costs for our utilities, and therefore higher utility bills for customers. Virginians who worry about high electricity bills should be very unhappy with the rollback of these incentives. 

How the rollbacks could push solar forward (at least for now)

Ironically, though, the coming end of tax credits has goosed the U.S. solar market in the near term. The industry has never been busier, as companies scramble to get projects completed in time to qualify for the tax credits before they expire. With careful planning, solar developers will be able to stretch tax credit eligibility to cover projects for a few more years, softening the blow for consumers. 

And in the long term, the solar industry feels confident that the technical and cost advantages of renewable energy will win out in America as they continue to do abroad. Politics and policy aside, utility-scale solar is the cheapest, cleanest and fastest-to-build electricity source available in most of the U.S. The technology continues to push efficiencies up and costs down, while protecting Americans from the pollution and fuel costs of coal and gas. With energy storage technologies following the same price trajectory as solar, it is hard to imagine the U.S. willingly turning its back on clean energy for long.

In Virginia, of course, utility solar still faces rural resistance. But having embraced data centers, Virginia will have to find the energy to power them, and price has a way of winning out. 

While the solar industry overall will survive, the loss of federal tax credits is landing hard on the segment that serves homeowners and businesses. The economic case for distributed solar has never been a slam-dunk in Virginia, given the higher costs involved. Now the question is whether it can remain even a reasonable investment.

The Virginia solar industry has grown a lot in the past decade and now includes 199 companies employing close to 5,000 workers, almost double the number employed in coal mining. I haven’t seen numbers specific to distributed solar, but installing solar on rooftops is more labor-intensive than utility solar. More importantly, these jobs tend to be local to Virginia, and most don’t require a college degree. 

Distributed solar is also important to our energy supply and resilience. Sunny rooftops could potentially supply as much as 20% of Virginia’s electricity, yet less than 3% of Virginia homes have solar now, leaving plenty of room for growth. Rooftop solar is also a vital component of community resilience; when batteries are added to solar, buildings can remain powered during storms and other events that take down the wider grid. And of course, solar and batteries can form the basis for virtual power plants that support the grid and reduce the need for utility investments. 

A trifecta of solar success

Three policies have enabled the industry to succeed here, and all three have been subject to attack. The first, of course, is the federal tax credits, which allow owners of solar arrays to recover 30% of project costs through their tax returns. For residential customers, availability of this credit will now expire at the end of 2025. 

The good news is that structuring residential solar installations as leases or power purchase agreements puts projects under a more favorable provision that gives commercial owners of solar panels until July of 2026 to begin construction. This won’t work for everybody, and residential power purchase agreements are currently legal in Virginia only for low-income customers, but it does offer some breathing room. 

The second policy critical for rooftop solar is a Virginia program that lets owners of solar arrays earn money from the sale of solar renewable electricity certificates (SRECs) associated with the electricity they put onto the grid. The Virginia Clean Economy Act (VCEA) requires Dominion Energy Virginia to buy SRECs to meet a small fraction of its renewable energy purchase obligation. Customers with solar who choose to sell their SRECs can offset some of their costs this way, making solar more affordable. (Since SRECs represent the “bragging rights” to solar – the legal right to claim you are powering your home or business with solar – not everyone wants to sell theirs.)

Customers and industry members say, however, that the Virginia SREC market is neither robust nor transparent. The price that Dominion pays for SRECs would have to be substantially higher to overcome the loss of federal tax credits. Some advocates have floated the idea of asking the tech companies to support the distributed solar market through voluntary SREC purchases, which could raise SREC values and help localities build more solar on schools and other public buildings.

A bipartisan-backed bill that Virginia Gov. Glenn Youngkin vetoed this year would have increased the percentage of Dominion’s electricity that must come from distributed solar generation. This would have incentivized more rooftop solar and possibly resulted in higher SREC prices through the normal economics of supply and demand. But so far there is no plan to set a floor on SREC prices.

The third supportive policy for distributed solar is net metering, which ensures that customers of Dominion and Appalachian Power get credited at the retail rate for surplus electricity they supply to the grid. Customers pay the utility only for the net energy they purchase. While this doesn’t make rooftop solar cheaper, it does mean customers don’t actually lose money on their surplus generation, as they would without net metering.

Dominion and APCo have tried repeatedly to undermine net metering, so far without success.

The State Corporation Commission recently rejected a proposal from APCo to replace one-for-one credits with a payment system valuing distributed solar at the utility’s avoided cost for energy – about one-third of retail. The effect on customers would have been severe, making it impossible for most new buyers to recoup the cost of solar panels. In rejecting APCo’s proposal, the SCC cited expert analyses showing that the value of customer-sited solar to the grid and the public equals or exceeds the retail cost of energy. 

Dominion has also filed a proposal to gut net metering in its territory. Its replacement program differs from APCo’s, yet it too results in a greatly reduced compensation rate. The SCC has not ruled on Dominion’s request yet, but it’s hard to see how Dominion could succeed where APCo failed.

Net metering is the rock that Virginia’s rooftop solar industry is built on, so the SCC’s decision preserving the program was critical to the industry’s very survival. Net metered solar will also remain an appealing hedge against rising electricity rates for many people. Still, there is no getting around the fact that losing the 30% tax credit is the kind of blow that can send an industry off a cliff.  

What’s next

What can the industry, or policy-makers, do to counteract the loss of tax credits?

The most obvious step is for the General Assembly to once again pass legislation increasing the requirement for utility SREC purchases (and this time with the governor signing the bill). The bill has other good provisions, like making residential power purchase agreements legal beyond the low-income market, and these will also help the industry. 

Virginia should also consider adopting a streamlined permitting protocol for onsite solar, as states like Florida have done. Some Virginia localities have already adopted automated permitting software, such as SolarAPP+, a free platform developed by the National Renewable Energy Laboratory. Permitting in some other localities, however, reportedly remains so arduous that it adds significantly to costs and delays in installing rooftop solar. 

Speaking of permitting, Virginia could pass a law like Utah’s to allow so-called balcony solar, plug-in solar panels that don’t require professional installation. The kits still require national certification before they can hit the market, however. 

Virginia could devote some emergency preparedness funds to onsite solar and storage at schools and senior centers to make local communities more resilient. These microgrids would save on energy costs for taxpayers and ensure people have a place to go that still has power when the larger grid is down. 

Utilities could once again be tasked with funding solar on low-income housing, as they did in response to Republican-sponsored legislation passed in 2019. Localities could be allowed to require solar panels on parking lots in some new developments, as provided in a bill the governor vetoed this spring. Legislation to increase goals and funding for solar on closed landfills, coal mines and other brownfields would also bring more solar to places where everyone agrees it is welcome. 

Finally, our Department of Energy has done a very good job supporting solar energy through both Democratic and Republican administrations. It could now be asked to convene meetings with the solar industry to plan a pathway to solar on more homes and businesses. They could start with a program of government-backed advertising and outreach to educate more consumers about the value of solar, its cost, and how to hire trustworthy installers. Customer acquisition is one of the biggest costs for solar companies, so reaching potential customers will reduce costs.   

Meanwhile, what can the average resident do? Talk to your elected leaders and candidates and get them to put in pro-solar bills and support the legislation you want to see. If Virginians want more home-grown clean energy,  we need to make it happen.

This article was originally published in the Virginia Mercury on September 25, 2025. It has been updated to correct the date by which construction must commence in order to qualify for federal tax credits.

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Five things every Virginia candidate (and voter!) should know about energy

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What lights up your life? Photo by Pixabay on Pexels.com

Running for office requires candidates to know about topics they might never have given much thought to. Most Virginia campaigns are won or lost on hot-button issues like taxes, education, reproductive rights, guns and gay marriage, so everyone who runs for office has a position on these questions. This holds true for candidates in this year’s high-stakes races for the state’s executive branch and all 100 House of Delegates seats. 

Inevitably, though, there are topics the average candidate doesn’t completely grasp. Some are narrow and – thankfully – nonpartisan. Where do you stand on Sunday hunting? Should I-81 have more lanes? How do you feel about skill games? Will you vote to save the menhaden, whatever a menhaden is? (It’s a fish, and I encourage you to say yes.)

Other topics affect the lives of every Virginian, but they are, frankly, complicated. One of these is energy. Not only is it hard to get up to speed on energy issues, but technology is changing so rapidly that keeping abreast of developments would be a full-time job. Who would spend that kind of time on such a dreary topic?

Uh, that would be me. 

So here we go: I’m going to cover five things political hopefuls need to know about energy in Virginia before you get to the General Assembly and start passing laws that affect your constituents’ wallets and futures. And for voters, these are things you should ask candidates about before they earn your vote. 

First up:

If you are going to talk about energy, you have to talk about data centers

By now you surely know that Virginia has embraced the most energy-intensive industry to come along since the steam engine launched the Industrial Revolution. Northern Virginia hosts the world’s largest concentration of data centers, which already consume an estimated 25% of the state’s electricity, with massively more development planned. The reason isn’t vacation photos or Instagram cat videos; it’s the competition to develop artificial intelligence (AI).  

After putting tax incentives in place to attract the industry 15 years ago, the General Assembly and the current governor have rejected all attempts to put guardrails on development or make data centers more energy efficient. The subsidies now cost taxpayers a billion dollars per year (and counting). Virginia asks for almost nothing in return. 

Under the best of circumstances, the skyrocketing demand for electricity would put upward pressure on energy prices. But our situation is even worse: Virginia already imports about half our electricity from other states, and the regional grid that we’re part of faces its own energy crunch. 

Grid manager PJM has been so slow to approve new generation that governors from member states, including Virginia Gov. Glenn Youngkin, wrote a letter taking PJM to task and urging it to move faster. But the damage has been done. Supply is tight, electricity prices have risen, and prices will continue to rise unless and until supply catches up.

PJM has decided to fast-track new high-cost, gas-fired generating plants ahead of the cheaper renewable energy projects that make up 95% of the queue. It’s a much-criticized move and seems more likely to increase costs. Once built, fossil gas plants burn a fuel that has doubled in price just over the past year, threatening a repeat of the post-pandemic price surge that Virginia ratepayers are still paying for. And there is no relief in sight, with utilities now having to compete with a doubling of U.S. natural gas exports.

Short of unleashing all the renewable energy stuck in the queue, there is no easy way to protect Virginia residents from higher electricity costs. Dominion Energy, Appalachian Power, and at least one of the electric cooperatives have proposed special rate classes for large-load customers, but that would shield residents from only some of the costs of serving the data centers. 

Utility bills are going up. Dominion Energy is seeking hefty rate increases that would push up residential bills by an average of more than $10 per month in base rates plus almost $11 per month in fuel costs, primarily due to those higher natural gas prices. Coal-heavy APCo has seen even steeper rate increases in the past few years.

Virginia needs new legislation ensuring data centers bear the full expense and risks of serving Big Tech, and they should be required to source their own clean energy. Localities, meanwhile, must be required to evaluate the costs to all Virginians before they issue permits to data centers, including considerations like where the energy will come from, water impacts, and the siting of transmission lines.  

You can’t get from here to there without solar

Virginia wasn’t producing all of its own energy even before the data center rush, and PJM’s problems are now pushing us into a crisis. Our near-term options are limited; new data centers are breaking ground at a breathtaking rate, and only solar can be installed on the timeline needed to prevent an energy shortfall. Even if we were willing to pay for high-priced gas or nuclear plants, developers face a backlog of as long as seven years for gas turbines, and advanced nuclear is still not commercially viable. 

Fortunately, solar is not just the fastest energy source to deploy, it’s also the cheapest and cleanest. Though President Donald Trump blames rising electricity prices on renewable energy, that’s false, just one of many myths the fossil fuel industry has propagated against solar. Nor is solar unreliable, another myth. When solar is paired with battery storage, it can match the rise and fall of demand perfectly.

It’s true, however, that while the great majority of Virginians support solar energy, many rural residents oppose it on aesthetic grounds. Of course, they would also oppose nuclear reactors and gas fracking in their neighborhoods. Legislators should  be sensitive to their concerns – but having chosen to welcome data centers, Virginia leaders can’t just shrug off the need for energy.

We also have to recognize that many farmers need to lease their land for solar in order to keep the land in their family and generate stable income. This should be as important a consideration to lawmakers as the objections of people who aren’t paying the taxes on the farm. Preventing landowners from making profitable use of their land is more likely to lead to the land being sold for development than to it remaining agricultural. 

The good news is that solar panels are compatible with agricultural uses including livestock grazing, beekeeping, vineyards and some crops. Dominion Energy uses sheep instead of lawnmowers at several of its solar facilities in Virginia and plans to expand the practice. The combination is a beautiful synergy: sheep and native grasses improve the soil, and in 30 years when the solar panels are removed, the land has not been lost to development.

While there is no getting around the need for utility-scale solar projects, rooftop solar also has an important role to play. In addition to harnessing private dollars to increase electricity generation, distributed solar saves money for customers and makes communities more resilient in the face of extreme weather.

This year the governor vetoed a bill to expand the role of distributed solar in Virginia. The legislation had garnered strong bipartisan support, so it will likely pass again next year. However, lawmakers will need to go further to encourage customer investments in solar now that federal tax credits will be eliminated for residential consumers at the end of this year.  

Batteries: For all your reliability needs

The fastest-growing energy sector today is battery storage. Batteries allow utilities to meet peaks in demand without having to build gas combustion turbines that typically run less than 10% of the time. Batteries also pair perfectly with intermittent energy sources like wind and solar, storing their excess generation and then delivering electricity when these resources aren’t available.  

Battery prices have tumbled to new lows, while the technology continues to improve. Most lithium-ion batteries provide 4 hours of storage, enough to meet evening peak demand with midday solar. When renewable energy becomes a larger part of Virginia’s energy supply (it’s less than 10% now) we will need longer term storage, such as the iron-air batteries that are part of a Dominion pilot program. This year the governor vetoed a bill that would have increased the amount of storage our utilities must invest in. Given the increasing importance of batteries to the grid, the legislation will likely be reintroduced next year.

Batteries installed at homes and businesses can also play a vital role in supporting the grid. Alone or combined with distributed solar, smart meters and electric vehicle charging, customer devices can be aggregated into a virtual power plant (VPP) to make more electricity available to the grid at peak demand times. Dominion will be developing a VPP pilot program under the terms of legislation passed this year. 

Advanced nuclear is still in Maybeland

The enormous expense of building large nuclear plants using conventional light-water technology has made development almost nonexistent in this century. Proponents believe new technology will succeed with scaled-down plants that can, in theory, be standardized and modularized to lower costs. Many political and tech leaders hope these small modular reactors (SMRs) will prove a carbon-free solution to the data center energy problem. 

It’s hard not to think they’re kidding themselves, or maybe us. Dominion Energy and Appalachian Power plan to develop one SMR each, with Dominion shooting to have one in service in 2035. Not only is this too late to meet today’s energy crunch, but a single SMR would add less energy to the supply side than new data centers add to the demand side each year. Virginia still needs near-term solutions, which means solar and batteries. 

Industry enthusiasts believe the 2035 timeline can be shortened, while critics say SMRs may never reach commercial viability. SMRs have to be able to compete on cost with much cheaper renewable energy, including wind, solar and emerging geothermal technologies, and cost parity is a long way off. The economic case for nuclear reactors also requires that they generate power all the time, including when the demand isn’t there, so SMRs need batteries almost as much as renewable energy does.

Finally, radioactive waste remains a challenging issue, as much (or more) for SMRs as for legacy nuclear plants. The U.S. has never resolved the problem of permanent storage, so nuclear waste is simply kept onsite at generating stations. The risk of accidents or sabotage makes it unlikely that communities will accept SMRs in their midst, especially if the idea is for SMRs to proliferate on the premises of privately-owned data centers near residential areas statewide.  

A nuclear technology with less of a waste problem is fusion energy. A fusion start-up plans to build its first power plant in Virginia in the “early 2030s,” if the demonstration plant it is building in Massachusetts proves successful. While fusion would be an energy game-changer, there are so many uncertainties around timeline and cost that only an inveterate gambler would bet on it helping us out of our predicament. 

Pretending climate change isn’t real won’t make it go away

We don’t have to talk about climate change to make the case for transitioning to carbon-free renewable energy, but global warming hovers in the background of any energy debate like an unwanted guest. If you need a primer or are even slightly tempted to say you “don’t know” whether human activity is responsible because you’re not a scientist, read the Intergovernmental Panel on Climate Change’s summary for policymakers. The continued habitability of the planet is too important for ignorance to be an acceptable dodge – and of course you, as a respectable candidate, would never stoop to such a thing.

Virginia codified its own action plan in 2020 with two major laws. One provides for the commonwealth to participate in the Regional Greenhouse Gas Initiative (RGGI), a multistate compact that uses auctions of carbon emission allowances to incentivize a shift away from fossil fuels and raise money for energy efficiency and climate adaptation. After taking office in 2022,  Youngkin removed Virginia from RGGI – illegally, as a court ruled. Virginia remains outside RGGI while the appeals process continues. 

The second law is the Virginia Clean Economy Act (VCEA), which creates a pathway for Dominion and APCo to transition to carbon-free electricity by 2050. The VCEA includes provisions requiring Dominion and APCo to invest in renewable energy, storage and energy efficiency and make renewable energy an increasing portion of their electricity supply. 

The VCEA contains special provisions for offshore wind, which I haven’t addressed here because  Trump is determined not to allow projects to move forward while he is in office. This is a shame, as there is bipartisan support in Virginia for this industry and the huge economic development opportunities that come with it. Still, Virginia’s Coastal Virginia Offshore Wind (CVOW) project is 60% complete and will start delivering power next year. Eventually, hopefully, it will be remembered as the first of many.

The VCEA also prohibited new investments in fossil fuel plants except under certain conditions. Dominion is currently seeking permission from the State Corporation Commission to build a $1.5 billion, fossil gas-fired peaker plant, citing data center demand and a need for reliability. Local residents, environmental organizations and ratepayer advocates oppose the plant and filed expert testimony showing that solar, storage and other less expensive technologies would better serve consumers.

In what passes for a bombshell in the energy space, Dominion was forced to admit last month that it had not obtained an independent review of the bid process before selecting its own gas plant over resources offered by third-party bidders.

“No regrets” solutions are progressive and conservative

As you’ve probably figured out by now, there is no perfect power source available today. And yet we would need new generation even if we stopped data center construction cold in its tracks – which isn’t in the plans. Solar is the cheapest, cleanest, and fastest source of generation, allowing us to preserve land – and keep options open – for the future. If the data center boom goes bust, having surplus clean energy on the grid will let us eliminate dirty sources faster, while saving money. 

Who would run against that?

First published in the Virginia Mercury on September 15, 2025.

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Is it too hot for common sense?

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smokestack
Photo credit Stiller Beobachter

Maybe it’s the heat. Heat-addled brains might explain the thinking of many Virginia lawmakers that what we need to do right now is burn more fossil fuels. 

Scientists have documented the way high temperatures affect the brain, impairing cognition and causing impulsivity and trouble concentrating. And this summer is already starting out hot, which is saying something given that 2024 was the hottest year on record, bumping 2023 off its baking pedestal. Scientists say this global fever is the natural result of burning fossil fuels and driving CO2 levels to their highest in millions of years.

Since burning more fossil fuels will drive more global warming, it’s exactly the reverse of what we should be doing.  Yes, but, these state leaders respond, how else are we going to power ever more data centers? 

Northern Virginia is the data center capital of the world, and data centers are notoriously power-hungry. Without them, Virginia electricity demand would be flat, and we could easily meet our electricity needs while gradually decarbonizing along the pathway laid out in the Virginia Clean Economy Act (VCEA).

Instead, Virginia taxpayers subsidize some of the richest corporations in America to the tune of almost a billion dollarsevery year to entice them to rip up land in Loudoun, Prince William and other Virginia counties instead of Atlanta or Dallas. In return, the tech companies keep construction workers busy, underwrite their host counties’ finances, make life miserable for nearby residents, raise everyone’s power bills, drain our rivers and aquifers and pollute our air with enough diesel generators to light up a major city.  

Virginia legislators obviously consider this a fair deal, because that’s what they keep voting for. Whether their constituents agree is another question; the evidence says they don’t.

For anyone just getting up to speed on data center issues, the Virginia Sierra Club’s new report, “Unconstrained Demand: Virginia’s Data Center Expansion and Its Impacts” (to which I contributed), covers the current state of data center development in Virginia and the problems that come with it. Fun fact: More than half of all the nation’s energy consumption attributed to data centers occurs in Virginia. 

That puts a special burden of leadership on our lawmakers. If we allow data centers to undermine our sustainability efforts here, we can only expect a race to the bottom in other states. As Virginia goes, so goes the nation. 

And yet we haven’t heard much outcry from Virginia leaders against the plans of our largest utility to build new generating plants powered by fracked gas. Dominion Energy laid out its plans in its 2024 integrated resource plan as well as a proposal for a 944 megawatts of gas combustion turbines in Chesterfield now pending before the State Corporation Commission. 

Dominion and its allies say more gas is needed for reliability, which could make it allowable under the VCEA. Indeed, “reliability” is a word that fossil fuel advocates frequently toss down like a trump card (in the unpresidential sense but with the same lack of thoughtful analysis). The claim is suspect. Fussing about reliability when your state ranks 24th in the nation for renewable energy is like worrying about the taxes you’ll owe if you win the lottery: we should be so lucky. 

Gov. Glenn Youngkin and Republican legislators are explicit in wanting to see the VCEA repealed and more gas plants built. Democrats defend the VCEA’s goals, but worry about the challenges of implementation and the effect on electricity rates. They all cite data center demand as the reason they contemplate backsliding on clean energy.

I wish I could say that our rich and powerful tech companies were aggressively championing carbon-free energy for their data centers in Virginia, but they are not. I attended a meeting of the Commission on Electric Utility Regulation where legislators were hashing out the problems of too much demand and too little supply. Representatives from the Data Center Coalition stood in the back of the room, observing but refusing to engage. Out of sight, they successfully lobbied against any bills that would slow the data center boom, force them to absorb more of its costs, or require them to source their own clean energy. 

Publicly, many tech companies tout their commitments to decarbonization. Amazon says it even met its goal to run its operations entirely on renewable energy. Yes, and I’m the Queen of Sheba. In fact, these companies are in a fierce competition to develop artificial intelligence as fast as possible. They’d like carbon-free power, but really, they’ll take whatever energy they can get wherever they can get it, and even among the industry’s best actors, climate now takes a back seat. 

Yet the likes of Mark Zuckerberg and Jeff Bezos would not be significantly worse off if forced to meet their climate commitments. Virginia leaders know – or at any rate, they have been exposed to the information, which I realize is not the same thing – that building new fossil gas generating plants is not just bad for the planet but more expensive than pursuing carbon-free alternatives.

Oh, I know, Congress just yanked back the federal tax incentives that helped make wind and solar as cheap as it is, one of the myriad ill-considered elements of the big beautiful debt bomb Republicans adopted against everyone’s better judgment. (Apparently heat affects spines as well as brains.) With passage of that bill, developers will need to have begun construction on new facilities by this time next year in order to qualify for the existing tax credits. 

There will be a mad rush to get construction underway immediately for facilities in the development pipeline. Thereafter, projects on the margin won’t get built. But others will, because even the loss of federal subsidies won’t destroy solar’s competitive edge against most new-build gas. 

Even so, utilities and their customers will pay higher prices for unsubsidized new renewable energy – as well as for existing fossil fuel generation that will command higher prices in the coming supply crunch. The Clean Energy Buyers Association estimates that commercial electricity costs in Virginia will be about 10% higher after the phase-out of federal incentives. 

A years-long backlog for orders of gas turbines will further squeeze energy supply and drive up prices for fossil power. On the plus side, the lack of available turbines will make fast-to-deploy solar not just the better option, but sometimes the only option.

I’ve never understood the conservative love affair with fossil fuels, when today’s clean technology is cleaner, cheaper and quicker to deploy. Trump would like to crush wind and solar altogether, which would eliminate 90% of the power capacity waiting to be connected to the grid and catapult the U.S into a serious energy crisis. In addition to much higher power prices, observers warn we would likely see a loss of data centers and other energy-intensive industries to parts of the world that are not on a mission to kill low-cost clean energy. 

Well, that would be one way to rid Virginia of the data center scourge.

Fortunately, the worst attacks on solar in Trump’s budget bomb did not survive, but the bill should nonetheless serve as a wake-up call for Virginia leaders. With little time left to secure federal clean energy incentives, our utilities need to acquire all the solar and storage they can right now. With or without data centers, locking in as much fuel-free generation as possible while it’s available at a discount is a prudent move to avoid the coming shortages and escalating costs of energy.

As for the tech companies, lawmakers should embrace the simplest approach to this problem, which happens also to be the one that spares ordinary Virginians from bearing the costs of the data center buildout: shifting responsibility for sourcing electricity onto the companies themselves, and requiring that they live up to their climate claims by making the power they buy carbon-free. 

It’s an approach other states can follow, holding Big Tech to the same responsibility no matter where they put their data centers. Certainly the tech titans can afford it; they just won big with massive tax cuts that our poorest residents will pay for. 

No doubt they will complain. Everyone would like somebody else to pay for what benefits them. But Virginians can’t afford to subsidize Big Tech, and we don’t want to. 

As for those legislators who think we should continue to do it anyway – well, all I can think is, it’s got to be the heat.

This article was originally published on July 8, 2025. On July 7, President Trump signed an executive order directing cabinet members to find more ways to hobble wind and solar energy, including directing the Secretary of the Treasury to interpret “beginning of construction” in a way that requires “a substantial portion” of a facility to have been built in order to qualify for tax incentives, counter to current regulation.

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With vetoes and destructive amendments, Youngkin acts to deepen Virginia’s energy woes

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This year’s General Assembly session notably failed to produce legislation addressing the widening gap between electricity demand and supply in Virginia. Legislators shied away from measures that would address the growing demand from data centers, but they also couldn’t bring themselves to improve the supply picture by supporting landowners who want to host solar facilities. By the time the session ended, a mere handful of bills had passed that could improve our ability to meet demand.  

Still, the initiatives that did pass offered positive steps forward on energy efficiency, distributed generation, interconnection of rooftop solar, energy storage, EV charging and utility planning. In addition, two data center-related bills passed requiring more planning and transparency during the local permitting process and tasking utilities with developing a demand response program to relieve some of the added burden on the grid.

Sadly, however, Republican Gov. Glen Youngkin decided to use his powers of veto and amendment to water down or scuttle the limited (and mostly bipartisan) progress legislators made. The only two data center bills were effectively killed, as were most energy bills – some by veto, others by amendments that made them worse than no action at all. 

There’s nothing very subtle going on here. The governor loves data centers and isn’t about to limit their growth, regardless of the consequences to residential ratepayers and communities. He’s also stuck in a rut of attacking the Virginia Clean Economy Act (VCEA), which prioritizes low-cost renewable energy over legacy fossil fuels. He won’t be in office when the chickens come home to roost in the form of an electricity shortfall and skyrocketing rates, but he’s setting up his party to cast blame on the liberal climate agenda.   

Data centers

The General Assembly failed to pass legislation that would have shifted responsibility for sourcing clean energy onto the data center operators. The only bill to pass that even makes energy a consideration in the siting of data centers is HB 1601, sponsored by Del. Josh Thomas, D-Gainesville. In addition to site assessment provisions at the permitting stage, it requires the utility serving the facility to describe any new electric generating units, substations and transmission voltage that would be required.

Limited as these provisions are, the governor proposed amendments to further weaken the bill, then added a clause requiring that for the bill to take effect, it has to be passed all over again in 2026. That’s a veto by another name. 

SB 1047 from Sen. Danica Roem, D-Manassas, requires utilities to implement demand-response programs for customers with a power demand of more than 25 MW, a way of  relieving grid constraints during times of high demand. The governor vetoed the bill, deeming it unnecessary. 

The only data center-related bill that did get the governor’s approval is one of questionable utility. HB 2084 from Del. Irene Shin, D-Herndon, merely requires the SCC to use its existing authority during a regular proceeding sometime in the next couple of years to determine whether Dominion and Appalachian Power are using reasonable customer classifications in setting rates, and if not, whether new classifications are reasonable. The SCC seems to be doing this already anyway, but maybe this lets our leaders claim they are doing something to protect residential ratepayers. Plus, they can now call it a bipartisan effort!

Utility reform

 With Virginia fixed on a collision course between growing demand for energy from data centers and our leaders’ refusal to support low-cost solar to provide the power, it is more important than ever that our utilities engage in transparent and comprehensive planning through the integrated resource plans (IRPs) filed with the State Corporation Commission. Over the course of last fall, the Commission on Electric Utility Regulation hammered out what I think is truly good legislation to ensure Dominion and APCo present the information the SCC and the public need to be sure our utilities are making the decisions that will improve our energy position and put the needs of ratepayers ahead of corporate profits. 

In vetoing SB 1021 from Sen. Scott Surovell, D-Fairfax, and HB 2413 from Del. Candi Mundon King, D-Dumfries, the governor offered this muddled statement: “The State Corporation Commission has the expertise and the authority to make requirements and changes to the integrated resource plan process. The Virginia Clean Economy Act is failing Virginia and those that champion it should stop trying to buttress this failing policy. But rather should be focused on procuring the dependable power needed to meet our growing demand through optimizing for reliability, affordability, and increasingly clean power generation.”

We get it: Johnny One-Note doesn’t like the VCEA. He said that already. But right now, APCo isn’t filing IRPs at all, and the SCC has been so frustrated with Dominion’s filings that it didn’t approve the last one, and demanded a supplement to the most recent one even before it was filed. Clearly the SCC could use a little help here.  

Distributed energy sources

Advocates for small-scale solar were more successful this year than their colleagues who focus on utility-scale projects. Bipartisan majorities seemed to agree that if we can’t or won’t site large solar farms, at least we should make it easier to put solar on rooftops and other small sites close to users.

Sadly, however, only one bill survived the governor’s scrutiny relatively unscathed, though it’s an important one for customer-sited solar. HB 2266 from Del. Kathy Tran, D-Springfield, resolves the interconnection dispute that has stalled commercial solar projects in the 250 kW to 3 MW size range, which includes most rooftop solar on schools. Tran’s bill requires the SCC to approve upgrades to the distribution system that utilities say are needed to accommodate grid-connected solar, a safeguard that will prevent the utility from larding on costs. The utility must then spread the costs across all projects that benefit from the expanded capacity. 

Youngkin’s proposed amendment rearranges the language a bit and places it into a new section of code, but does not otherwise change it. He then adds a provision in the tax code to make grid upgrades tax-deductible. I would have thought they would be anyway, as business expenses, but it can only be helpful to spell it out.  

Unfortunately, that’s it for the good news. 

HB 1883 from Del. Katrina Callsen, D-Charlottesville, and SB 1040 from Sen. Schuyler VanValkenburg, D-Richmond, contain several provisions aimed at increasing the amount of distributed solar in Virginia. Among other things, the legislation increases the percentage of Dominion’s renewable portfolio standard (RPS) obligation that must be met with renewable energy certificates (RECs) from behind-the-meter small solar projects, a change that would make rooftop and other distributed solar more profitable for homeowners and businesses. 

HB 1883 also increases to 3 MW from 1 MW the size of solar projects that could qualify for this favored category. Additionally, for the first time it would give all residential ratepayers the right to use power purchase agreements (PPAs) to install solar with no money down, and would increase the amount of electricity Dominion would build or buy from solar facilities on previously developed project sites. To give the market a chance to ramp up, Callsen’s bill excuses Dominion from having to meet its REC obligations from Virginia projects for an additional two years, pushing that date from this year to 2027. 

Among all those changes, the only one the governor liked is the idea of softening the requirements around REC purchases. His proposed amendment would make all REC compliance voluntary for four years. Effectively, Virginia would have no renewable energy requirements until 2028, undercutting solar development of any size. His preferred version scraps all of the provisions of Callsen’s bill, leaving no provisions to support solar development and replacing them with an open attack on the VCEA. 

I checked in with Callsen by email to get her reaction. She responded, “We sent the administration bipartisan legislation that protects ratepayers, gives Virginians more options for solar on our homes and businesses, and saves rural land. Rather than sign HB 1883 into law,” Callsen wrote, “the governor used this opportunity to attack the Clean Economy Act from 2020. Instead of looking at the past, our Administration should look around; we have a developing energy crisis and are reliant on importing energy to meet our needs.”

The governor also offered a destructive amendment to HB 2346 from Del. Phil Hernandez, D-Norfolk, and SB 1100 from Sen. Ghazala Hashmi, D-Richmond, legislation establishing a pilot program in Dominion territory for virtual power plants (VPPs), which aggregate customer solar and storage resources and demand response capabilities. Although VPPs don’t by themselves add electricity on the grid, they allow time-shifting and other efficiencies that make it easier for utilities to meet peak demand without having to build new generation. The payments utilities make to customers for this service can justify customers’ investments in things like solar, battery storage and smart appliances.  

Instead of improving on the pilot program, however, the governor’s amendment scraps it and calls for the SCC to convene a proceeding to talk about VPPs. On the plus side, Youngkin suggests that the conversation include Appalachian Power as well as Dominion, and consider allowing the service to be provided by either the utilities or third-party aggregators, the latter being the favored approach of many industry members. Still, the amendment pushes off any hope of a program for at least another year, until the SCC has made its recommendations. Since it would have been feasible to both start a pilot program this year and have the SCC consider parameters for a broader program in the future, it’s hard to see the governor’s amendment as a step forward. 

When I asked her for a comment, Hashmi did not mince words, saying it was “incredibly disappointing” that Youngkin chose to offer a substitute instead of signing the legislation.

“This legislation was the result of several months of conversation among a variety of stakeholders, including our utility companies, energy partners, and environmental groups. The Virtual Power Plant has the promise of helping Virginia meet the goals of our increasing energy demands. The Governor’s substitute shows that he is not serious about responding to the growth of Virginia’s energy needs,” Hashmi wrote.

Other solar bills drew outright vetoes, including Mundon King’s HB 2356, establishing an apprenticeship program to help develop a clean energy workforce. The bill requires participants to be paid prevailing wages, a provision that was a certain veto magnet for Youngkin, whose veto statement reads, “This bill will increase the construction costs which will ultimately be passed along to ratepayers, raising costs for consumers.”

Another bill that drew an outright veto was HB 2037 from Del. David Bulova, D-Fairfax. His bill would allow local governments to include in their land development ordinances a requirement that certain non-residential applicants install solar on a portion of a parking lot. 

The governor vetoed it because, he said, it would be expensive for developers, and if it weren’t, they would do it without having to be told. (It’s a strange objection. Does he not understand the whole concept of government acting in the public good? Well, maybe not; see the veto.)

Also vetoed was Shin’s HB 2090, changing the rules around multifamily solar. Admittedly I was not crazy about this bill; although it allows solar facilities to be placed on nearby commercial buildings instead of being restricted to the multifamily building itself, it also imports the requirement for minimum bills that has made other shared solar programs in Virginia unworkable for all but the low-income customers who are excused from the minimum bills. 

Maybe the trade-off would have opened new opportunities for apartment buildings serving low-income households, which would make it a plus on balance. But among his objections to HB2090, the governor noted that excusing low-income customers from high minimum bills would shift costs onto other customers. 

Energy efficiency

The governor vetoed SB 1342 from Sen. Lamont Bagby, D-Richmond, and HB 2744 from Del. Mark Sickles, D-Franconia, that would have pushed Dominion and APCo harder to provide energy efficiency upgrades to low-income homes, setting a target of 30% of qualifying households. 

He also vetoed SB 777 from Sen. Mamie Locke, D-Hampton, and HB 1935from Del. Destiny LeVere Bolling, D-Richmond, which would have established a task force to address the needs of low-income customers for weatherization and efficiency upgrades. The governor said it isn’t needed. 

If you notice a pattern here when it comes to helping low-income households with their energy burden, you are not alone. 

Reached on maternity leave, LeVere Bolling had this to say: “Across our Commonwealth, high utility bills are forcing Virginians to choose between essentials like groceries and medication and keeping their home at a safe temperature during hot summers and cold winters. Virginia has the 10th least affordable residential energy bills in the country. Over 75% of Virginia households have an energy burden higher than the 6% affordability threshold.” She added that the governor’s veto represents a “missed opportunity to address the pressing energy needs of Virginia’s most vulnerable communities.”

 Electric vehicles

The governor offered a substitute for a bill intended to support electric vehicle charging. As passed by the General Assembly, Shin’s HB 2087requires Dominion and APCo to file detailed plans to “accelerate transportation electrification,” including for rural areas and economically disadvantaged communities. It also allows the utilities to file proposed tariffs with the SCC to supply the distribution infrastructure necessary for EV charging stations. 

The utilities are also authorized to develop their own fast-charging stations, but only at a distance from privately-owned charging stations, with the SCC determining the proper distance. This provision responds to the request of gas station chains like Sheetz that say they want to expand their EV charging options, but don’t want to face unfair competition from utilities that can rate-base their investments.

The governor’s amendment would prohibit Dominion and APCo from owning EV charging stations at all; in addition, it would allow retail providers of EV charging stations to buy electricity from any competitive service provider. However, the amendment repeals the section of code that allows the utilities to recover costs of investments in transportation electrification.  

According to Steve Banashek, EV legislative lead with the Virginia Sierra Club, that “negates the purpose of the enrolled bill.” The amendment, he told me in an email, “removes the requirement for utilities to file for tariffs to support implementation of EV charging and to plan for transportation electrification growth via the IRP process, which is critical for speeding up the transition to electric transportation.” 

As for the prohibition on the utilities owning charging stations, Banashek noted that there are areas of the state where private businesses aren’t likely to do it, including in those economically disadvantaged and rural communities. If we don’t want these areas left behind, either the utilities have to step up, or the state does.  

Apparently, however, Youngkin doesn’t intend for the state to do it either. Along with his amendments to Shin’s bill, the governor also vetoed HB 1791 from Sullivan, creating a fund to support EV charging in rural areas of the state.  

Energy storage

The need for more energy storage seems like it would be one area of bipartisan consensus. Batteries and other forms of energy storage are critical to filling in the generation gaps for low-cost, intermittent forms of energy like wind and solar. 

But storage is also required to make full use of baseload sources like nuclear that either can’t be ramped down at times when there is a surplus of energy being produced, or where doing so makes it harder to recover the cost of building the generation. (The already-high projected cost of electricity from small modular nuclear reactors becomes even higher if you assume they don’t run when the power isn’t needed.) 

Sullivan’s HB 2537 increases the energy storage targets for Dominion and APCo, and includes new targets for long-duration energy storage. Unfortunately, Youngkin’s substitute language repeals the entire section of code that includes Virginia’s renewable portfolio standard as well as even the existing storage targets. It’s another bit of anti-VCEA flag-waving that won’t help anyone.  

Just in case you thought Youngkin might be adhering to conservative free market principles with some kind of consistency, I note that he signed HB 2540 and SB 1207 from two Republicans, Del. Danny Marshall of Danville and Sen. Tammy Brankley Mulchi of Clarksville, which provides a $60 million grant to a manufacturer of lithium-ion battery separators. 

I asked Sullivan for a comment on the governor’s action on his bill. He replied, “The Governor’s ridiculous ‘recommendation’ on HB 2537 was disappointing, but hardly surprising. This was not an amendment; he deleted everything – everything – having to do with energy storage, and turned it into a one-sentence bill which would repeal the entire Clean Economy Act.”

Moreover, wrote Sullivan, “HB 2537 was the most closely and extensively negotiated bill among stakeholders that I’ve been involved with since the VCEA. It had broad support – including from Dominion – and should have easily fit into the Governor’s ‘all of the above’ energy strategy and his economic development goals, since it would have brought all sorts of business, jobs, and companies to the Commonwealth.”  

Sullivan concluded, “Needless to say, we cannot agree to the amendment.  We’ll easily pass this bill next session, and I suspect Governor Spanberger will sign it.” 

Sullivan may be right that it will take a new administration before Virginia gets serious about meeting its energy challenges – if it does even then – but this session needn’t have ended in a partisan stalemate and near-zero progress. Most of the bills the governor vetoed or gutted were passed with the help of Republicans, making Youngkin’s actions less of a rebuke to Democrats than to the members of his own party who were simply trying to do their job. The results, sadly, are bad for everyone.

This article originally appeared in the Virginia Mercury on April 1, 2025.

UPDATE May 8: As expected, the General Assembly rejected the governor’s destructive amendments to the bills described. The governor then vetoed all but one. The exception is HB2346 from Hernandez and SB1100 from Hashmi, establishing a pilot program in Dominion territory for virtual power plants (VPPs). That one has been signed into law, along with Tran’s HB2266.

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Facing data center sprawl and an energy crisis, Virginia legislators leap into action. Nah, just kidding.

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This was supposed to be the year the General Assembly did something about data centers. Two years ago, it crushed the first tentative efforts to regulate construction, choosing instead to goose the pace. Last year it again killed all attempts at regulation, punting in favor of a study by the Joint Legislative Audit and Review Commission (JLARC). 

JLARC’s report was released in December to a soundtrack of alarm bells ringing. Unconstrained data center growth is projected to triple electricity demand in Virginia over just the next 15 years, outstripping the state’s ability to build new generation and driving up utility bills for everyone. On top of the energy problem, the industry’s growth is taxing water supplies and spawning billions of dollars’ worth of transmission infrastructure projects needed to serve the industry.

Yet the most popular strategy for addressing the biggest energy crisis ever to face Virginia is to continue the status quo – that is to say, to keep the data center sprawl sprawling. Of the two dozen or so bills introduced this year that would put restrictions on growth, manage its consequences, or impose transparency requirements, barely a handful have survived to the session’s halfway point this week. 

The surviving initiatives address important aspects of local siting, ratepayer protection and energy, though they will face efforts to further weaken them in the second half of the session. Even if the strongest bills pass, though, they will not rein in the industry, provide comprehensive oversight or address serious resource adequacy problems. 

HB1601 from Del. Josh Thomas, D-Gainesville, is the most meaningful bill to address the siting of data centers. It requires site assessments for facilities over 100 MW to examine the sound profile of facilities near residential communities and schools. It also allows localities to require site assessments to examine effects on water and agricultural resources, parks, historic sites or forests. In addition, before approving a rezoning, special exception or special use permit, the locality must require the utility that is serving the facility to describe any new electric generating units, substations and transmission voltage that will be required. Existing sites that are seeking to expand by less than 100 MW are excluded. HB1601 passed the House 57-40, with several Republicans joining all Democrats in favor. 

SB1449 from Sen. Adam Ebbin, D-Alexandria, is similar to HB1601 but does not include the language on electricity and transmission lines. SB1449 passed the Senate 33-6. 

Typically, when the House and the Senate each pass similar but different bills, they each try to make the other chamber’s bill look like theirs, then work out the differences in a conference committee. If that happens here, the House will amend SB1449 to conform it to HB1601 before passing it. The Senate might amend the House bill to match its own. In this case, however, Ebbin’s bill never had the language on electricity and transmission. It’s possible the Senate will recognize that HB1601 is better and pass it as is rather than watering it down to match SB1449; otherwise, the bills will have to go to conference.

Only two ratepayer protection bills passed.  SB960 from Sen. Russet Perry, D-Leesburg, is the better of the two. It requires the SCC to determine if non-data center customers are subsidizing data centers or incurring costs for new infrastructure that is needed only because of data center demand; if so, the SCC is to take steps to eliminate or minimize the cross-subsidy. The bill incorporates a similar measure from Sen. Richard Stuart, R-Westmoreland. It passed the Senate by a healthy 26-13, but leaves the question of why those 13 Republicans voted against a bill designed to protect residential customers from higher rates. 

Over in the House, HB2084 from Del. Irene Shin, D-Herndon, started out similar to Perry’s bill but was weakened in committee to the point that its usefulness is questionable. It now merely requires the SCC to use its existing authority during a regular proceeding sometime in the next couple of years to determine whether Dominion and Appalachian Power are using reasonable customer classifications in setting rates, and if not, whether new classifications are reasonable. It passed the House 61-35. Hopefully the House will see the wisdom of adopting SB960 as the better bill, but again, these could end up going to conference.

The only data center legislation related to energy use to have made it this far is SB1047 from Sen. Danica Roem, D-Manassas. It requires utilities to implement demand-response programs for customers with a power demand of more than 25 MW, which could help relieve grid constraints. It passed the Senate 21-17.

The data center industry and its labor allies were successful in killing all other data center initiatives, including the only bills that dealt with the energy issues head-on. This included legislation that basically called on the industry to live up to its sustainability claims. SB1196, Sen. Creigh Deeds, D-Charlottesville and HB2578, Del. Rip Sullivan, D-Fairfax, would have conditioned state tax subsidies on data centers meeting conditions for energy efficiency, zero-carbon energy and cleaner back-up generators. Sullivan’s bill also set up pathways for data center developers to meet the energy requirements and work towards cleaner operations.

None of this mattered. Republicans were united in their determination not to put anything in the way of continued data center sprawl, and they were joined by a number of Democrats who were persuaded that requiring corporations to act responsibly threatens construction jobs. HB2578 died in subcommittee, with Democrats Charniele Herring and Alfonso Lopez joining Republicans in voting to table the bill. SB1196 was never even granted a committee hearing. 

Yet the idea of adding conditions to the tax subsidies is not dead. Senator Deeds put in a budget amendment to secure the efficiency requirements that had been in his bill. His amendment takes on a House budget amendment requested by Delegate Terry Kilgore, R-Gate City, that extends the tax subsidies out to 2050 from their current sunset date of 2035, with no new conditions whatsoever. 

It seems like a reasonable ask for the tech industry to meet some efficiency requirements in exchange for billions of dollars in subsidies and the raiding of Virginia’s water and energy supplies. Indeed, the industry could have had it worse. Senator Stuart had introduced a bill to end the tax subsidies Virginia provides to data centers altogether. Alas, like several other more ambitious bills intended to bring accountability to the data center industry, it failed to even get a hearing in committee.  

Now, maybe Virginia will get lucky – or unlucky, depending on how you look at it – and the data center boom will go bust. The flurry of excitement around China’s bid to provide artificial intelligence at a fraction of the cost of American tech joins other news items about efficiency breakthroughs that could mean the tech industry needs far fewer data centers, using far less energy and water. That would be good for the planet, not to mention Virginia ratepayers, but it would leave a lot of empty buildings, upend local budgets, and strand potentially billions of dollars in new generation and transmission infrastructure. A little preparation and contingency planning would seem to have been the wiser course.  

Failed bills.

Most bills to regulate data centers never made it out of committee, but the problems of data center sprawl and resource consumption will only increase in coming years. In addition to the energy legislation from Senator Deeds and Delegate Sullivan, here are other bills we may see come back again in another form. 

SB1448 from Sen. Richard Stuart, R-Westmoreland, would have required any new resource-intensive facility (defined as drawing more than 100 MW or requiring more than 500,000 gallons of water per day) to get a permit from the Department of Environmental Quality. DEQ is to permit the facility only “upon a finding that such facility will have no material adverse impact on the public health or environment.” The impacts are broadly defined and include transmission lines and cumulative impacts from multiple facilities in the same area. The bill reported from Senate Agriculture, Conservation and Natural Resources but was then sent to Finance and Appropriations, never to be heard from again. 

A bill from Del. Thomas would have required localities to change their zoning ordinances to designate data centers as industrial uses and to consider changes in how they evaluate data center siting, especially around noise impacts. HB2026 was tabled unanimously in subcommittee. 

HB2712 from Del. Ian Lovejoy, D-Manassas, would have authorized a locality that is weighing a permit application for a data center to consider factors like water use, noise and power usage, and to require the applicant to provide studies and other information. It lost on a bipartisan subcommittee vote. 

Lovejoy’s HB1984 would have required data centers to be located at least one-quarter mile from parks, schools and residential neighborhoods. It was killed on an 8-0 subcommittee vote. 

A third Lovejoy bill, HB2684, would have required Dominion to file a plan with the SCC every two years to address the risk that infrastructure built to serve data centers might become stranded assets that other customers would be left paying for. It was never docketed. 

A bill that did not mention data centers but originated with local fights over the siting of transmission lines needed to serve them was Roem’s SB1049. It would have prohibited new overhead transmission lines unless the SCC determined that putting them underground was not in the public interest. It lost in a 4-11 vote in committee.  

This article (minus the section on failed bills) was published in the Virginia Mercury on February 10, 2025.