HB 153 Virginia House of Delegates · 2026 Regular Session

Data centers; site assessment, sound profile of the 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 incorporates HB 511 and is identical to SB 94.

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Mar 2026

House of Delegates Passage

Mar 2026

Senate Passage

Mar 2026

Signed into Law

Apr 2026

Introduced Jan 6, 2026 Signed Apr 13, 2026

Maddy AI version diff · 5 comparisons

What changed between versions

Subcommittee #2 Subcommittee Substitute → Local Government Substitute · 5 edits

MODERATE

The bill was amended to clarify the definition of a 'high energy use facility' to include proposed projects and to add strict zoning requirements. New provisions mandate that these data centers must be located on industrial zoned land, with limited exceptions for larger developments involving shared energy agreements. These changes aim to ensure data centers are sited in areas designed for heavy industrial use rather than residential or mixed-use zones.

Scope change

The bill's scope was expanded to explicitly apply to proposed facilities and now includes a mandatory requirement that high energy use facilities must be located on industrial zoned land, with specific exceptions for expansions or larger contiguous developments.

DEFINITION

The definition of a 'high energy use facility' was updated to explicitly include 'proposed' facilities, ensuring the rules apply to new applications before they are built.

REQUIREMENT

New subsections require that all high energy use facilities must be located on land zoned for industrial use to be approved.

An exception was added allowing approval on non-industrial land if the project is part of a larger adjacent development with a shared-energy connection agreement.

The site assessment requirements were expanded to include special exception and special use permit applications, not just rezoning applications.

TIMELINE

The new zoning requirements apply only to applications submitted on or after January 1, 2027, in localities that have adopted zoning ordinances.

Floor votes · Senate Mar 10, 2026 · House of Delegates Jan 29, 2026

How they voted

36–0

Passed · 3 other

Total votes 39

Mar 10, 2026

D Democratic20

19 Yea 1

95% Yea

R Republican19

17 Yea 2

89% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 13, 2026

Signed into law

Approved by Governor-Chapter 567 (effective 7/1/2026)

executive

Mar 31, 2026

Lower · Passed

Signed by Speaker

lower

Mar 30, 2026

Upper · Passed

Signed by President

upper

Mar 30, 2026

Lower · Passed

Bill text as passed House and Senate (HB153ER)

lower

Mar 14, 2026

Upper · Passed

Conference report agreed to by Senate (29-Y 10-N 0-A)

upper

Mar 14, 2026

Lower · Passed

Conference report agreed to by House (93-Y 2-N 0-A)

lower

Mar 13, 2026

Legislature · Passed

Conference Report released

legislature

Mar 12, 2026

Committee

Senate requested conference committee

upper

Mar 11, 2026

Upper · Passed

Passed Senate with substitute (26-Y 14-N 0-A)

upper

Mar 10, 2026

Upper · Passed

Passed by for the day (Voice Vote)

upper

Mar 9, 2026

Upper · Passed

Reported from Finance and Appropriations (10-Y 4-N)

upper

Mar 2, 2026

Upper · Passed

Reported from Local Government with substitute and rereferred to Finance and Appropriations (13-Y 2-N)

upper

Jan 30, 2026

Committee

Referred to Committee on Local Government

upper

Jan 29, 2026

Lower · Passed

Read third time and passed House (90-Y 7-N 0-A)

lower

Jan 23, 2026

Lower · Passed

Reported from Counties, Cities and Towns with substitute (17-Y 2-N)

lower

Jan 22, 2026

Lower · Passed

House subcommittee offered

lower

Jan 20, 2026

Committee

Assigned HCCT sub: Subcommittee #2

lower

Jan 6, 2026

Committee

Referred to Committee on Counties, Cities and Towns

lower

1 primary · 8 co-sponsors