Virginia Democratic Gov. Abigail Spanberger signed Executive Order 22 on Wednesday, creating an AI task force and moving to tighten state controls on data centers. The order bans executive branch officials from signing nondisclosure agreements for data center projects, requires expedited noise regulations, and calls for a review of backup-generation operations used by data centers. It also establishes an AI task force to evaluate risks like workforce displacement and data privacy.
Spanberger also unveiled a “Data Center Accountability Framework” for the state. That framework eliminates “by-right approval,” a system that existed in Loudoun County for many years, removes some state subsidies, establishes environmental guardrails, and safeguards against increased energy prices tied to data center growth.
The move comes as governors across the country are taking executive action to shape data center and AI policy. On the same day, California Gov. Gavin Newsom issued an executive order on AI safety. New York Gov. Kathy Hochul and Texas Gov. Greg Abbott have both taken executive action to rein in data center development.
Executive Order 22 Details
The core of Executive Order 22 is a prohibition on executive branch officials signing nondisclosure agreements for data center projects. That means state officials negotiating with companies building data centers can no longer agree to keep project details secret.
The order also requires expedited noise regulations for data centers. It calls for a review of backup-generation operations used by data centers. And it establishes an AI task force to evaluate risks like workforce displacement and data privacy.
The task force will examine how artificial intelligence affects jobs, data privacy, and other areas. Its work will feed into the state’s broader response to AI development.
The Accountability Framework
Spanberger’s Data Center Accountability Framework changes how Virginia approves new data center projects. It eliminates “by-right approval,” a system that allowed developers to bypass certain review processes in Loudoun County for many years.
Under the framework, some state subsidies are removed. Environmental guardrails are established. And the state is safeguarding against increased energy prices tied to data center growth.
The framework could empower local communities to have a larger say over data center approvals.
What the Order Does Not Cover
PEC president Chris Miller said in a statement that “It largely addresses standards on new data centers and does not deal with what’s already built and in the pipeline, along with the ongoing impacts piling up in communities now.”
Miller’s point is worth keeping in mind. The order sets rules for future projects, but it does not address existing data centers or those already in development.
Governors Taking Action
The Virginia move follows similar steps by other governors. California’s Gavin Newsom issued an executive order on AI safety on the same day. New York’s Kathy Hochul and Texas’s Greg Abbott have both taken executive action to rein in data center development.
Each state is setting its own path for regulating data centers and AI.
| Governor | State | Action |
|---|---|---|
| Abigail Spanberger | Virginia | Executive Order 22 and Data Center Accountability Framework |
| Gavin Newsom | California | Executive order on AI safety |
| Kathy Hochul | New York | Executive action on data center development |
| Greg Abbott | Texas | Executive action on data center development |
The AI Task Force
The AI task force established by the order will evaluate risks like workforce displacement and data privacy. Its work will help shape the state’s response to AI development.
The task force’s findings will inform policy decisions as Virginia continues to grapple with the economic and social effects of AI.
The Loudoun Context
Loudoun County’s “by-right approval” system allowed developers to bypass certain review processes for many years.
That system is now gone under the accountability framework. Developers will face more scrutiny before projects move forward.
What Comes Next
The order and framework represent a significant shift in how Virginia handles data center approvals. Local communities now have more say over where data centers are built.
The AI task force will continue its work, and its findings will shape future policy. The state’s approach to data centers and AI is likely to evolve further as these issues become more central to the economy.
The order gives local communities more say over data center approvals while restricting executive branch officials’ ability to sign nondisclosure agreements. That combination respects local decision-making while ensuring transparency.
The accountability framework removes subsidies and adds environmental guardrails. Those are reasonable steps for a state that wants to balance economic growth with responsible development.
We agree with Chris Miller’s observation that the order does not address existing data centers or those already in development. That is a gap, but it is a manageable one.
The governors taking action across the country show that states are stepping up on data center and AI policy. That is a healthy dynamic, and it is one we support.
The accountability framework eliminates “by-right approval,” removes some state subsidies, establishes environmental guardrails, and safeguards against increased energy prices. These are sensible guardrails for a sector that has grown rapidly in recent years.
The AI task force will provide ongoing evaluation of workforce displacement and data privacy. Its work will ensure that Virginia stays ahead of the curve on AI’s effects.
The order reflects states taking data center and AI policy into their own hands. That is a fact, not a verdict.
The order and framework together mark a significant step in Virginia’s approach to data centers and AI. They give local communities more say, ensure transparency, and set reasonable standards for development.
The task force’s work will continue, and the state’s approach will evolve. For now, Virginia has set a course that balances growth with responsibility.
Where the paper stands
The paper backs narrow rules aimed at hidden failures, such as requiring disclosure when companies cover up safety problems, and is against broad new rulebooks that hand the market to the biggest firms, including bans on nondisclosure agreements that could freeze out smaller competitors. In Virginia’s case, the governor’s executive order and accountability framework aim to stop officials from signing secrecy agreements, remove automatic approval of data center projects, and add environmental guardrails, which the paper regards as sensible guardrails for a fast-growing sector.
The order does not address existing data centers or those already in development, a gap noted by Chris Miller, but the paper considers it manageable. The paper supports governors taking action on data centers and AI rather than leaving the field to Washington.
Virginia’s approach balances growth with responsibility. The AI task force’s ongoing work will ensure the state stays ahead of AI’s effects on jobs and data privacy. For now, the paper backs the governor’s shift toward more transparent and accountable data center approvals, even as it watches whether the rules truly protect smaller developers from being locked out.
Source material: “Virginia governor creates an AI task force and moves to restrain data centers,” The Verge.
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