SB 1449: Data centers; site assessment for high energy use facility. - Virginia

Counties, Cities and Towns Substitute → Conference Substitute · 4 edits

MODERATE

The bill text was reformatted from a House Substitute version to a Conference Substitute version, with minor substantive changes to the definition of high energy use facilities and site assessment requirements. The main policy changes involve clarifying when the facility definition applies and adjusting what information must be submitted during site assessments.

Scope change

The bill's scope remains the same, but the definition of when a facility qualifies as a high energy use facility was modified to include timing considerations.

DEFINITION

Changed the definition of 'high energy use facility' to specify that the 100 megawatt threshold applies to facilities an applicant reasonably anticipates will require that power when filing a rezoning application, rather than just facilities that require that power.

REQUIREMENT

Modified the site assessment requirements to change 'residential areas' to 'residential units' and added 'ground and surface water resources' as a specific category to examine, while removing 'water' as a separate category.

Changed the utility submission requirements to remove the requirement for describing 'any new electric generating units' that will be required, and changed 'to the extent practicable' to 'to the extent known and practicable' for utility submissions.

Added 'if any' language to the site assessment usage requirements for comprehensive plans and noise ordinances to clarify these may not exist in all localities.

Counties, Cities and Towns Subcommittee Substitute → Counties, Cities and Towns Substitute · 3 edits

MINOR

The bill underwent formatting and layout changes from a subcommittee substitute to a house substitute version, with no substantive policy changes to the actual text of the legislation. The core provisions regarding data center siting requirements, site assessments, and high energy use facility definitions remain identical.

TECHNICAL

Formatting and layout changes including addition of page headers, line numbers, and spacing adjustments between sections

Date placeholder changed from blank line to specific date (February 7, 2025)

Added bill tracking number (25106875D) and version identifier (SB1449H1)

Local Government Substitute → Counties, Cities and Towns Subcommittee Substitute · 6 edits

MODERATE

The bill was revised from a Senate Committee substitute to a House Committee substitute, changing the committee name and adding new language about electric utility requirements. The definition of a high energy use facility was slightly modified to remove the 'applicant reasonably anticipates' language, and new requirements were added for electric utilities to submit forms describing generating units, substations, and transmission voltage. The scope of site assessment requirements was also expanded to include residential areas instead of just residential units.

Scope change

The bill's scope remains focused on siting of data centers requiring 100 megawatts or more of electrical power, but the requirements for site assessments were expanded to include utility infrastructure reporting.

DEFINITION

Changed the definition of high energy use facility to remove the 'applicant reasonably anticipates' language, making the threshold more objective.

REQUIREMENT

Added new subsection requiring electric utilities to submit forms describing new generating units, substations, and transmission voltage needed for the facility.

Changed site assessment requirements to examine sound profile on 'residential areas' instead of 'residential units' within 500 feet.

Expanded site assessment usage to assess consistency with comprehensive plan without the 'if any' qualifier.

Removed the phrase 'if any' from references to comprehensive plans and noise ordinances in the assessment usage section.

ENFORCEMENT

Added new subsection clarifying that site assessments do not change or delegate State Corporation Commission authority.

Local Government Substitute Offered → Local Government Substitute · 1 edit

MINOR

The document formatting changed from a plain text representation to a properly formatted legislative substitute with line numbers and spacing corrections. The substantive content of SB 1449 regarding data center siting requirements remained unchanged, including definitions of high energy use facilities, site assessment requirements, and exemptions for facility expansions.

TECHNICAL

Document formatting was corrected from a plain text representation to a properly formatted legislative substitute with line numbers, spacing, and proper header structure.

Enrolled → Local Government Substitute Offered · 4 edits

MODERATE

The bill was converted from an enrolled final version to a local government substitute offered for consideration, indicating it is still in the legislative process and subject to further review and potential modification. The substantive policy content regarding data center siting requirements remains largely the same, though some text was reorganized and simplified.

Scope change

The bill's scope remains unchanged; it still applies to new high energy use facilities (data centers requiring 100+ megawatts) and does not apply to expansions of existing approved facilities.

REQUIREMENT

Subsection C was removed, which previously required electric utilities to submit information about substations and transmission voltage to localities.

Subsection D was modified to remove the requirement that site assessments be used to assess consistency with the locality's comprehensive plan, though they still must be used to check compliance with noise ordinances, zoning provisions, and other applicable laws.

Subsection B was modified to change 'and' to 'or' in the list of resources that may be examined in the site assessment.

DEFINITION

Subsection A was slightly simplified by removing the phrase 'rezoning application, special exception application, or special use permit application' and replacing it with just 'application'.

Introduced → Enrolled · 6 edits · Mar 10, 2025

MODERATE

Bill SB 1449 was enacted into law as an enrolled act, making substantive changes to the requirements for siting high energy use facilities (data centers). The most significant change is the addition of new requirements for electric utilities to submit information about substations and transmission voltage to localities, and the addition of a new subsection clarifying that local site assessments do not affect the State Corporation Commission's authority. The definition of a high energy use facility was also modified to clarify that it refers to facilities an applicant reasonably anticipates requiring 100 megawatts or more of power.

Scope change

The bill's scope remains focused on data centers and high energy use facilities requiring 100 megawatts or more of electrical power, but the applicability was expanded to include new requirements for electric utilities to provide technical information to localities.

REQUIREMENT

Added new requirement for electric utilities to submit information about substations and transmission voltage to localities before facility approval

Added new subsection stating that nothing in the section prohibits existing local zoning authority

Changed site assessment requirements to include examination of sound profile on residential units and schools within 500 feet of the facility

Expanded site assessment requirements to include examination of effects on ground and surface water resources, agricultural resources, parks, registered historic sites, and forestland

DEFINITION

Modified definition of high energy use facility to clarify it refers to facilities an applicant reasonably anticipates requiring 100 megawatts or more of power

ENFORCEMENT

Added new subsection clarifying that local site assessments do not affect or delegate the State Corporation Commission's authority

Data centers; site assessment for high energy use facility.

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