Virginia EO 22 (2026) — data center accountability + AI task force
Virginia — Executive Order 22 (2026), Signed September 18, 2026: BANS Executive-Branch Nondisclosure Agreements on Proposed Data Center Projects and BARS Data Centers of 25 MW or Greater From State Site-Readiness and Expedited-Permitting Programs, Designates the Eastern Virginia Groundwater Management Area a Cooling Water Scarcity Area, and Creates a Rapid-Response AI Task Force — But the Widely Reported 'By-Right Ban' and '25 MW Local Approval' Are PROPOSED 2027 LEGISLATION, Not Provisions of This Order
Virginia · Va. Exec. Order No. 22 (Sept. 18, 2026)
- Status
- In effect
- Took effect
- September 18, 2026
- Applies to
- All Virginia executive branch agencies, departments, boards, commissions, authorities and employees under the Governor's supervision (NDA prohibition); the Virginia Economic Development Partnership (site-readiness and expedited-review exclusion); DEQ, Virginia Energy, the Office of the Chief Energy Officer, the Secretary of Labor, Virginia Works and the Department of Forestry (deliverables). Data center developers are reached INDIRECTLY — through loss of state assistance and through disclosure — not by any direct duty imposed on them by this order.
- Enforced by
- Office of the Chief Energy Officer (framework implementation lead, reporting continuously to the Office of the Governor); the Office of the Chief Transformation Officer and its AI Policy Planning Unit (AI Task Force coordination)
Virginia's governor signed an executive order on September 18, 2026 that does two separate things: it starts implementing a new Virginia Data Center Accountability Framework, and it creates a rapid-response AI Task Force. Most of the data center half is instruction — agencies are told to study, draft, consult and report back within 120, 180 and 240 days. TWO provisions bite immediately. First, no executive branch agency may enter into, enforce, or require a nondisclosure agreement that keeps the public from learning material information about a proposed commercial data center, its public incentives, its expected resource demands, or its community impacts; existing NDAs are honored, but new ones (absent extraordinary circumstances such as national security) violate the order. Second, effective on issuance, the Virginia Economic Development Partnership may no longer give a new data center project with anticipated peak demand of 25 MW or more any assistance through the Virginia Business Ready Sites Program, any expedited permitting program, or any similar discretionary state site-readiness or expedited-review program. The order also DESIGNATES the Eastern Virginia Groundwater Management Area a cooling water scarcity area and tells DEQ to expedite rules for noise and for cooling water scarcity. READ THE PRESS COVERAGE CAREFULLY: national and local outlets reported that Virginia was 'eliminating by-right approval' and 'requiring local approval of any data center using more than 25 megawatts.' Those are items in the framework the governor will ask the 2027 General Assembly to pass. THEY ARE NOT IN THIS ORDER. A governor cannot rewrite local land use law by executive order, and this one does not try to. What the order's own 25 MW threshold governs is eligibility for STATE economic-development assistance, not local approval.
Who is protected: Virginia residents and localities hosting or considering data center development — specifically their access to material project information that NDAs previously suppressed — and Virginia ratepayers; separately, Virginians exposed to AI workforce-displacement, data-privacy and cybersecurity risk, on whose behalf the Task Force is directed to act.
Legal detail
Va. Exec. Order No. 22 (Sept. 18, 2026), issued under Article V of the Constitution of Virginia and Va. Code §§ 2.2-103 and 2.2-110. PART I implements the Virginia Data Center Accountability Framework, organized around five pillars (transparent community engagement; environmental protection; affordability; clean energy and grid reliability; workforce). The Office of the Chief Energy Officer is designated implementation lead. Immediately operative provisions: (I)(B)(2) prohibits executive branch agencies, departments, boards, commissions, authorities and employees under the Governor's supervision from entering into, enforcing, or requiring any NDA preventing public disclosure of material information about a proposed commercial data center development, its public incentives, anticipated resource demands, or potential community impacts, with existing contractual commitments honored and an extraordinary-circumstances/national-security carve-out; (I)(B)(4) provides that 'Effective upon issuance of this Executive Order, VEDP shall not provide assistance through the Virginia Business Ready Sites Program, any expedited permitting program, or any similar discretionary state economic development, site-readiness, or expedited review program for a new data center project with an anticipated peak electrical demand of 25 MW or greater'; and (I)(C)(3) states that 'The Eastern Virginia Groundwater Management Area shall be designated as a cooling water scarcity area.' Deliverable deadlines: 120 days — Office of the Chief Energy Officer publishes a Data Center Planning and Community Engagement Toolkit; 180 days — DEQ accelerated timeline/workplan for noise rulemaking, DEQ backup-generation cumulative impact findings, DEQ cooling-water-scarcity workplan, Chief Energy Officer methane findings, Virginia Works workforce data-collection criteria; 240 days — Virginia Energy siting and regional-opportunity recommendations; end of CY2027 — proposed VA-LEAD (Virginia Local Energy and Accountable Data Centers) tiered designation criteria and implementation plan. PART II creates a rapid-response AI Task Force co-led by the Chief Transformation Officer, Counsel to the Governor and Secretary of Administration, supported by a newly established AI Policy Planning Unit in the Office of the Chief Transformation Officer, charged with workforce-displacement, data-privacy and cybersecurity risk (including AI agents/bots against state systems and critical infrastructure), identifying existing Virginia enforcement and regulatory authority applicable to AI harms, multistate and international partnership, and direct coordination with named frontier developers (Anthropic, OpenAI, xAI, Meta, Amazon, Microsoft). The Task Force reports continuously until terminated at the Governor's direction. The order RESCINDS Youngkin Exec. Order No. 30 (Jan. 18, 2024) and Executive Directive No. 5 (Sept. 20, 2023), while preserving policies, standards and guidelines already published under EO 30 'unless or until replaced through a future executive or agency action.' Effective upon signing; remains in force unless amended or rescinded.
Key facts
| Jurisdiction | Virginia |
|---|---|
| Level | State |
| Strength | Moderate |
| Enacted | September 18, 2026 |
| Citation | Va. Exec. Order No. 22 (Sept. 18, 2026) |
| Private right of action | No, agency enforcement only |
| Penalties | None stated. This is an internal executive-branch directive: its force runs against state agencies, and against developers only through withheld discretionary state assistance and the loss of NDA protection. |
| Topics | data-center siting and energy · AI disclosure and transparency · government use of AI · consumer data privacy |
| Agency page | Executive Order 22 (2026) — Establishing New Nation-Leading Standards and Initiatives to Implement the Virginia Data Center Accountability Framework and Responding to Unprecedented Risk From Artificial Intelligence |
More AI rules in Virginia
- Virginia FY2026-2028 Biennial Budget: Data Center Electricity Tax… · Enacted (not yet in effect)
- Virginia § 15.2-1723.2 (facial recognition by local law enforcement, eff. July 1, 2026) · In effect
- Virginia IVO AI Safety Study (SB 384/HB 797, 2026) · In effect
- Virginia VITA EA400 AI Utilization Policy (Executive Branch AI deployment standard, 2026) · In effect
- Virginia SCC data center transmission cost order (2026) · In effect
- Virginia § 15.2-2209.5 data center siting disclosure law (2026) · In effect
Related data-center siting and energy rules elsewhere
- Superior WI Data Center Moratorium (1-year) · In effect
- Dane County WI Hyperscale Data Center Moratorium · In effect
- Madison WI Data Center Moratorium (1-year) · In effect
- Manitowoc County WI Data Center Moratorium · In effect
- WA SB 5982 (Data Center / Clean Energy) · In effect
- Dayton OH data center moratorium (180-day, Apr 2026) · In effect
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