VirginiaVirginia proposal would limit data center emergency generator use
The proposed measure would direct Virginia's air pollution board to limit data center generator use and require cleaner equipment for certain sites.
What it does
Data centers could use Tier 2 generators only during sudden, unforeseeable outages; planned outages would not qualify.
Data centers that applied for an air permit before July 1, 2026, would have to retrofit at least 20 percent of their Tier 2 generators each year to meet Tier 4 equivalent or better emissions.
Data centers whose site plans lacked local approval by July 1, 2026, would have to use Tier 4 equivalent or better generators at those sites.
Argument forCleaner generators and limits on planned outage use could reduce emissions when data centers rely on backup power.
Argument againstData centers with older permit applications could face costly upgrades as they retrofit at least one-fifth of their Tier 2 fleet each year.
More detail
The proposed measure would direct the State Air Pollution Control Board to limit when data centers could use Tier 2 generators. The limit would cover data center emergency generators rated Tier 2. Use would be limited to sudden and unforeseeable outage events; planned outages would not qualify.
The proposed measure would require annual retrofits to some data centers' Tier 2 generator fleets. This would apply to data centers that applied for an air permit before July 1, 2026. Each year, at least 20 percent of the Tier 2 fleet would have to be retrofitted to meet Tier 4 equivalent or better emissions. The yearly retrofits would continue for five years or until the entire fleet meets that emissions level, whichever comes first.
The proposed measure would require certain data center sites to have Tier 4 equivalent or better generators. This would apply where a locality had not approved the data center site plan by July 1, 2026. The approval cutoff is July 1, 2026.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 21Continued from last sessionLatest
- Mar 6Continued to next session in Rules (Voice Vote)
- Mar 2Subcommittee recommends continuing to (Voice Vote)
- Mar 1Assigned HRUL sub: Studies SubcommitteeMinor
- Feb 18Referred to Committee on RulesMinor
- Feb 18Read first timeMinor
- Feb 18Placed on Calendar
- Feb 13Read third time and passed Senate (38-Y 0-N 1-A)Passed Senate
- Feb 12Engrossed by Senate - committee substitute (Voice Vote)Major
- Feb 12Committee substitute agreed to (Voice Vote)Major
- Feb 12Committee substitute rejected (Voice Vote)
- Feb 12Read second timeMinor
- Feb 11Passed by for the day Block Vote (Voice Vote)
- Feb 11Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)
- Feb 11Rules suspended
- Feb 11Committee substitute printed 26107623D-S2Major
- Feb 10Reported from Finance and Appropriations with substitute (15-Y 0-N)Minor
- Feb 6Committee substitute printed 26107163D-S1Major
- Feb 5Senate committee offered
- Feb 3Reported from Agriculture, Conservation and Natural Resources with substitute and rereferred to Finance and Appropriations (7-Y 5-N 1-A)Minor
- Feb 3Senate committee offered
- Jan 13Referred to Committee on Agriculture, Conservation and Natural ResourcesMinor
- Jan 13Prefiled and ordered printed; Offered 01-14-2026 26103994DIntroduced
Environment & EnergyTechnology