Executive Order 22 bans executive branch officials from signing nondisclosure agreements for data center projects, requires expedited noise regulations, and requires a review of backup-generation operations used by data centers, among other requirements. The order also establishes an AI task force responsible for evaluating how the state government can address risks to Virginians like workforce displacement and data privacy issues, and determining how existing law can be applied to AI harms.
The order represents the latest signal that states are taking data center and AI policy into their own hands as Congress and President Donald Trump have been slow or resistant to sweeping changes. Also on Friday, California Gov. Gavin Newsom issued an executive order convening experts to tackle AI safety issues, and earlier, New York Gov. Kathy Hochul and Texas Gov. Greg Abbott have both taken executive action to rein in rapid data center development.
In addition to Virginia’s new executive order, Spanberger unveiled a new “Data Center Accountability Framework” for the state, which lays out additional priorities. These include eliminating “by-right approval,” like the kind that existed in Loudoun County for many years allowing developers to build on certain land without additional approvals, removing some state subsidies, establishing environmental guardrails, and safeguarding residents against increased energy prices that are associated with data centers.
A press release for the actions includes many statements from environmental groups praising Spanberger’s approach, but others reportedly wish she’d gone even further. Piedmont Environmental Council (PEC), for example, is a nonprofit that has advocated for a moratorium on new development to deal with existing concerns, and PEC president Chris Miller said in a statement that “It largely addresses standards on new data centers and does not deal with what’s already built and in the pipeline, along with the ongoing impacts piling up in communities now.”