HB 1601 Virginia House of Delegates · 2025 Regular Session

Data centers; site assessment for high energy use facility.

Summary
Siting of data centers; site assessment; high energy use facility. Provides that prior to any approval of a rezoning application, special exception application, or special use permit for the siting of a new high energy use facility (HEUF), as defined in the bill, a locality shall require that an applicant perform and submit a site assessment to examine the sound profile of the HEUF on residential units and schools located within 500 feet of the HEUF property boundary. The bill also allows a locality to require that a site assessment examine the effect of the proposed facility on (i) ground and surface water resources, (ii) agricultural resources, (iii) parks, (iv) registered historic sites, and (v) forestland on the HEUF site or immediately contiguous land. The provisions of the bill shall not apply to a site with an existing legislative or administrative approval where an applicant is seeking an expansion or modification of an already existing or approved facility and such expansion does not exceed an additional 100 megawatts or more of electrical power. Finally, the bill provides that its provisions shall not be construed to prohibit, limit, or otherwise supersede existing local zoning authority. This bill is identical to SB 1449.
Bill status vetoed 4 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
House of Delegates Passage
Mar 2025
Senate Passage
Mar 2025
Vetoed
May 2025
Introduced Jan 3, 2025 Vetoed May 2, 2025
Maddy AI version diff · 4 comparisons

What changed between versions

Local Government Substitute Conference Substitute · 4 edits
MODERATE
The bill transitioned from a Senate Substitute to a Conference Substitute, incorporating additional requirements for data center siting assessments. The most significant change is the addition of a new subsection requiring electric utilities to submit information about substations and transmission voltage to localities. The definition of 'high energy use facility' was slightly expanded to explicitly mention the types of applications involved. The exemption for existing facilities was renumbered and clarified to apply to sites with existing approvals.
Scope change
The bill's scope remains focused on siting of high energy use facilities (data centers), but the applicability of requirements was expanded to include utility infrastructure reporting.
REQUIREMENT

New requirement added for electric utilities to submit information about substations and transmission voltage to localities before approval of new high energy use facilities.

The site assessment requirement was expanded from subsection B to cover both subsections B and C, and the language was modified to clarify that assessments should not impact State Corporation Commission authority.

DEFINITION

The definition of 'high energy use facility' was modified to explicitly list the types of applications (rezoning, special exception, special use permit) when determining the 100 megawatt threshold.

ELIGIBILITY

The exemption for existing facilities was renumbered from subsection D to subsection F and reworded to clarify it applies to sites with existing legislative or administrative approval.

Floor votes · Senate Feb 11, 2025 · House of Delegates Jan 23, 2025

How they voted

400
Passed
Total votes 40
Feb 11, 2025
D Democratic21
21 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
48
Key actions
14
Committee
10
Amendments
2
May 2, 2025
Vetoed
Vetoed by Governor
executive
Apr 2, 2025
Vetoed
House rejected Governor's recommendation (11-Y 85-N)
lower
Mar 24, 2025
Vetoed
Governor's recommendation received by House
executive
Mar 10, 2025
Upper · Passed
Signed by President
upper
Mar 7, 2025
Lower · Passed
Signed by Speaker
lower
Mar 7, 2025
Lower · Passed
Bill text as passed House and Senate (HB1601ER)
lower
Feb 22, 2025
Lower · Passed
Conference report agreed to by House (55-Y 44-N)
lower
Feb 21, 2025
Upper · Passed
Conference report agreed to by Senate (22-Y 13-N 1-A)
upper
Feb 21, 2025
Legislature · Passed
Amended by conference committee
legislature
Feb 18, 2025
Committee
Senate requested conference committee
upper
Feb 12, 2025
Upper · Passed
Passed Senate with substitute (26-Y 10-N 1-A)
upper
Feb 11, 2025
Upper · Passed
Passed by for the day
upper
Feb 10, 2025
Upper · Passed
Reported from Local Government with substitute (11-Y 3-N 1-A)
upper
Jan 24, 2025
Committee
Referred to Committee on Local Government
upper
Jan 23, 2025
Lower · Passed
Read third time and passed House (57-Y 40-N)
lower
Jan 22, 2025
Introduced
Engrossed by House as amended
lower
Jan 22, 2025
Lower · Passed
Counties, Cities and Towns Amendments agreed to
lower
Jan 17, 2025
Lower · Passed
Reported from Counties, Cities and Towns with amendment(s) (13-Y 9-N)
lower
Jan 16, 2025
Lower · Passed
Subcommittee recommends reporting with amendment(s) (5-Y 3-N)
lower
Jan 13, 2025
Committee
Assigned CCT sub: Subcommittee #2
lower
Jan 3, 2025
Committee
Referred to Committee on Counties, Cities and Towns
lower
1 primary · 4 co-sponsors

Sponsors