Our flagship legislative proposal

Virginia Data Center
Innovation and
Accountability Act

Powering innovation. Protecting Virginia.

Require clear resource commitments before construction and independently verified results before awarding additional incentives.

The proposal

Four commitments.
Results Virginia can measure.

The draft links responsible resource planning with public reporting, practical demand flexibility, and incentives earned through verified performance.

01

Plan before
building.

Require early resource plans for qualifying new campuses and major expansions. Map phased electricity demand, water needs, noise, and safety commitments before construction. Confirm service readiness and independent commissioning before operations begin.

Early resource planning
02

Make performance
visible.

Independently verify efficiency and report actual electricity use, peak demand, and annual and peak-day water use, with appropriate protections for sensitive information. Evaluate cooling against local water availability and drought conditions.

Measured performance
03

Reduce pressure
at peak demand.

Require a practical flexibility plan. Reward demonstrated load shifting and qualifying noncombustion resources while protecting critical services, emergency reserves, and safe recovery. Fossil-fueled generation would not earn peak-reduction incentives.

Practical grid flexibility
04

Make additional
incentives earn their value.

Connect additional incentives to eligible improvements beyond required baselines. Issue credits after verified performance, limit public exposure, audit results, and recover benefits when conditions fail. Protect existing agreements and apply new exemption conditions prospectively from 2029.

Accountable incentives

Proposed parameters for review

These are draft policy choices. Final thresholds, transition protections, staffing, and fiscal effects require formal review.

Starting campus threshold
25 MW of designed demand
Proposed improvement credit
20% nonrefundable credit on eligible incremental improvements
Award limits
$2 million per project; $5 million per affiliated group per cohort
Statewide credit cap
$25 million per annual cohort, 2029–2033

Qualifying major expansions would be covered, and existing covered facilities would also report performance. The credit would reward eligible improvements beyond the required baseline.

Energy & innovation

Test the technology.
Verify the benefit.

The proposal supports credible renewable procurement and tested innovations in cooling, storage, solid-state transformers, and DC distribution, including a capped demonstration program.

Nuclear energy would be evaluated separately for licensing, delivery, water needs, and cost responsibility. Renewable and nuclear claims, and annual and hourly matching, would remain distinct. Annual certificates alone would not demonstrate round-the-clock clean supply.

Efficiency and flexibility would complement necessary power supply and transmission. Local review and agency responsibilities would remain in place.