Governor's data center order sets deadlines starting in January
Executive Order 22 gives state agencies 120 to 240 days from Sept. 18 to deliver a toolkit for localities, noise rules and a backup-generator review.
Gov. Abigail Spanberger's Executive Order 22, signed Sept. 18, sets a series of deadlines for state agencies on data centers, the first coming in about 10 weeks. The Chief Energy Officer must publish an initial Data Center Planning and Community Engagement Toolkit within 120 days of signing, or about Jan. 16, 2027, according to the order. The toolkit is to cover model disclosure templates, community-benefit agreement approaches and engagement best practices.
Several environmental deadlines fall 180 days after signing, about March 17, 2027. The Department of Environmental Quality must deliver a timeline and workplan for new data center noise regulations, findings from a review of the cumulative impact of diesel and other backup generators, and a timeline for rules designating cooling water scarcity areas. Virginia Energy must submit recommendations on lower-impact sites, such as brownfields, within 240 days, about May 16, 2027.
Some provisions took effect on signing. Executive branch agencies may not enter into or enforce nondisclosure agreements that block public disclosure of material information about proposed commercial data centers, and the Virginia Economic Development Partnership may not provide Business Ready Sites, expedited permitting or similar assistance to new data centers with an anticipated peak demand of 25 megawatts or more.
The order does not itself change local zoning. Other items in the governor's Data Center Accountability Framework, including ending by-right approval for data centers over 25 megawatts and requiring local approval, are proposals for the 2027 General Assembly session, according to the governor's Sept. 18 release. The order also creates an AI Task Force, which reports to the governor and has no stated end date.
Localities weighing data center applications will see the state's first engagement toolkit in January, while the binding changes to approval rules depend on the General Assembly session that opens in January 2027.
What's next
- Jan. 13, 2027 General Assembly session opens
- About Jan. 16, 2027 Initial community engagement toolkit due
- About March 17, 2027 DEQ noise, backup generator and water scarcity workplans due
- About May 16, 2027 Virginia Energy siting recommendations due
Sources
- Executive Order 22 (2026), Governor of Virginia
- Governor of Virginia: Data Center Accountability Framework release (Sept. 18, 2026)
- Office of the Chief Energy Officer: Data Center Accountability Framework
How we source: sources and corrections.
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