Tracking the 2027 Va. Bills That May Tighten Data Center Regs

Real estate and land use attorneys David Schneider and Briana Becker published an article for Law360 previewing Virginia's 2027 General Assembly session, specifically analyzing the data center-focused bills that practitioners should watch. Gov. Abigail Spanberger's Executive Order No. 22 signified a shift in how the state would approach data center development, creating an accountability framework around community transparency, environmental protection, energy affordability, clean energy and grid reliability, and workforce development. In addition, Loudoun County, Prince William County and other municipalities have taken their own steps at the local government level, from pausing final board actions on applications to shrinking districts zoned for data centers, that contribute to the tightening reins on data center developers and operators.

Against this backdrop, David and Briana identify the key bills to monitor once the 2027 session gets underway. S.B. 843 proposes a statewide, three-year moratorium on permitting and approval decisions, for example, while another bill seeks to end by-right approval for facilities exceeding 25 megawatts (MW) of power consumption. Other bills address electricity consumption tax sunsets and behind-the-meter emissions requirements. Together, the authors say, these proposed laws mean developers should consider megawatt thresholds, state vs. local taxing authority and the treatment of existing approvals or pending applications when planning, as well as submit comments and actively participate in the legislative process.

READ: Tracking the 2027 Va. Bills That May Tighten Data Center Regs