Virginia Executive Order 22: Data Centers and AI Task Force

Two changes that took effect on signing

Governor Abigail Spanberger's order puts into effect a Virginia Data Center Accountability Framework, on the view that the scale and pace of data center building have outrun the state's rules. Two measures applied immediately. State agencies may no longer enter into or enforce nondisclosure agreements that keep material information about a proposed data center from the public, though existing agreements are honored and national security is excepted. And the state's economic development partnership may no longer offer site-readiness, expedited permitting or similar discretionary help to a new data center expected to draw 25 megawatts or more. [1]

Rules started, and one left to the legislature

The rest sets deadlines for agencies: a proposed timeline for noise regulations and findings on the cumulative effect of backup generators within 180 days, a plan for cooling-water limits with the Eastern Virginia Groundwater Management Area designated a scarcity area, and within 240 days recommendations from Virginia Energy on steering development to lower-impact sites. It also asks for a rating system, VA-LEAD, to distinguish responsibly developed data centers. The order rescinds an executive order and a directive issued under Governor Glenn Youngkin. [1]

Limiting by-right approval, under which a data center meeting zoning rules skips a local public hearing, and requiring local approval for any data center over 25 megawatts are not in the order. Cardinal News reported them among the governor's legislative priorities for the 2027 session. [2]

An AI task force on standby

The order also creates a rapid-response AI task force, backed by a new AI policy planning unit, to address workforce displacement, data privacy and cyber risks from AI agents, look for existing enforcement powers, and coordinate with frontier developers including Anthropic, OpenAI, xAI, Meta, Amazon and Microsoft. [1]

Atlas interpretation: The data center measures bind the state's own agencies, not developers, which is as far as an executive order can reach; the task force has a mandate but no new powers. It was signed the same day as California's kill switch order, which likewise moved state machinery and left binding obligations to the legislature. [1][3]