Virginia's Executive Order 22 takes on data centers, AI

Virginia's move is the latest sign that states are stepping into data center and AI policy as Congress and President Donald Trump have been slow or resistant to sweeping changes. The executive order and the accompanying Data Center Accountability Framework aim to give local communities more say in development and to address concerns such as noise, energy prices, and environmental impacts. The framework specifically targets 'by-right approval,' which had allowed developers in places like Loudoun County to build on certain land without additional approvals.

The order also creates an AI task force to evaluate how the state can address risks to Virginians, including workforce displacement and data privacy, and how existing law can be applied to AI harms. This reflects a broader trend: California Gov. Gavin Newsom issued an executive order on AI safety on the same day, and earlier, New York Gov. Kathy Hochul and Texas Gov. Greg Abbott took executive action on data center development.

However, the framework has drawn criticism from some environmental groups who wanted a moratorium on new development. Piedmont Environment Council president Chris Miller said the order largely addresses standards on new data centers and does not deal with what's already built and in the pipeline, along with ongoing impacts in communities. The ultimate impact may hinge on whether the state can address existing data centers and their cumulative effects, not just new ones.