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Bill > HB897


VA HB897

VA HB897
Retail Sales and Use Tax; exemption for data centers, delayed effective date.


summary

Introduced
01/13/2026
In Committee
02/18/2026
Crossed Over
02/16/2026
Passed
Dead
03/14/2026

Introduced Session

2026 Regular Regular Session

Bill Summary

Retail sales and use tax; exemption for data centers. Requires a data center operator, in order to be eligible for the existing data center sales and use tax exemption, to (i) beginning July 1, 2027, not use co-located generating facilities that emit carbon dioxide, other than backup generators; (ii) beginning July 1, 2029, contract for a certain percentage of energy, capacity, and renewable energy certificates from clean energy resources, as evidenced by a certification from the State Corporation Commission, or contracts and service agreements; (iii) utilize only non-carbon dioxide-emitting backup power sources, such as energy storage resources, beginning on a date dependent on the data center's initial service date; and (iv) demonstrate, for any new data center issued a final certificate of occupancy or its equivalent on or after January 1, 2030, or for any data center operator seeking an amended memorandum of understanding, sufficient investment in environmental management and energy efficiency measures to provide system-wide benefits, as defined in the bill. Finally, the bill has a delayed effective date of July 1, 2027.

AI Summary

This bill, effective July 1, 2027, modifies the existing sales and use tax exemption for data centers by introducing new environmental and energy efficiency requirements for operators to maintain eligibility. Starting July 1, 2027, data centers must avoid using co-located generating facilities that emit carbon dioxide, except for backup generators. By July 1, 2029, they will need to contract for a specific percentage of their energy, capacity, and renewable energy certificates from clean energy sources, as certified by the State Corporation Commission. Additionally, data centers must transition to non-carbon dioxide-emitting backup power sources, such as energy storage, with the exact date depending on when the data center initially began operations. For any new data centers receiving their final occupancy permit on or after January 1, 2030, or for existing data centers seeking to amend their agreements, they must demonstrate significant investment in environmental management and energy efficiency measures that benefit the overall energy system. The bill also includes provisions for a technical work group to assess non-carbon-emitting backup generator technology and requires electric utilities to file voluntary tariffs to facilitate customer procurement of clean energy without increasing costs for other customers.

Committee Categories

Budget and Finance

Sponsors (12)

Last Action

Senate committee offered (on 03/03/2026)

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