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Virginia Approves Temporary 1.1¢/kWh Data‑Center Power Tax While Keeping Sales‑Tax Exemption

The levy is intended to raise revenue for state services and requires environmental reviews by the Department of Environmental Quality to address local impacts.

Overview

  • Lawmakers approved the two‑year budget and sent the conference report to Gov. Abigail Spanberger after recorded votes in both chambers on Monday, June 22, resolving a months‑long impasse over data‑center policy.
  • The plan imposes a temporary electricity consumption charge of $0.011 per kilowatt‑hour for qualifying data centers, caps collections at $600 million a year, runs two years, and refunds any excess receipts at year‑end.
  • The budget preserves Virginia’s long‑standing data‑center sales‑and‑use tax exemption, a benefit worth roughly $1.5–$2 billion a year, while adding the new power levy as a compromise revenue source.
  • Lawmakers directed the Virginia Department of Environmental Quality to study groundwater and cooling‑water impacts and to develop statewide noise and water‑use rules, and they reallocate about 45% of RGGI revenue into customer bill rebates.
  • Industry groups warn the levy will raise operating costs and could affect investment decisions, while supporters say the revenue funds teacher and state employee raises and signals a model other states may follow when regulating energy‑intensive AI and cloud infrastructure.