What Governor Spanberger’s Executive Order Does – and Does NOT Do

Dear Coalition Supporters and Friends –

You might be thinking Governor Spanberger’s press release is fantastic, right?  You might feel like the calvary has arrived.  But not so fast.

If you are not sure what to think about Governor Spanberger’s Data Center Executive Order, we thought we would share our opinion, as well as what other leading Data Center oversight organizations are saying.

Here is her recent Executive Order:

eo-22-establishing-va-data-center-accountability-and-ai-initiatives.pdf

Think about this:

Imagine your house is on fire.  You dial 9-1-1, and instead of a legion of firetrucks coming down your driveway to save your home, your family, all you own and care about… They show up with a spray bottle, and an ‘ACTION plan’ that won’t be implemented for 6 months to two years.

Well, that’s how we view this executive order.

Buckle up – Get ready to reserve your seat on buses to Richmond for the 2027 legislative session to advocate for enforceable oversight and regulations on the data center industry and their energy infrastructure.

We appreciate that Governor Spanberger has acknowledged that we are facing significant challenges due to the onslaught of the data center industry.  We see that she has put pen to paper and outlined a framework for future action.

But – We are concerned there is language in this executive order that could act as a barrier to legislation that could be passed in this upcoming General Assembly session, such as much stricter oversight of nasty toxic diesel generators. Our elected leaders HAD legislation to provide oversight on diesel generators last session.  It never made to the floor for a vote. We can’t wait SIX MONTHS, as her order stipulates, for a report — AND THEN some legislative action in the 2028 General Assembly session.

WE NEED HELP NOW.  What is so frustrating is that as far back as February of 2023, hundreds of people commented to VDEQ (Virginia Department of Environmental Quality) that we need more concrete data on current pollution and stricter standards. Nothing came of that.

From the Governor’s recent Executive Order:

Backup-Generation Cumulative Impact Analysis and Emissions Reductions – DEQ, in consultation with the Virginia Department of Health and Virginia Energy, shall conduct or oversee a cumulative-impact review of diesel and other backup-generation operations associated with data centers.

The review shall consider:

• the number, capacity, fuel type, expected operating hours, and geographic concentration of backup generators;
• cumulative emissions and localized air-quality impacts, particularly in communities hosting multiple data-center facilities;
• available measures to reduce emissions, protect public health, and improve transparency; and
• measures to promote retrofit of Tier II gen-sets to Tier IV or equivalent emissions controls, battery storage, fuel cells, clean firm generation, non-diesel alternatives, and other feasible technologies that can meet reliability needs while reducing public-health and environmental impacts from backup generation.

Within 180 days of the date of this Executive Order, DEQ shall submit findings and recommendations to the Office of the Governor on potential improvements to data center permitting, monitoring, reporting, enforcement, emissions controls, and public disclosure.

AND maybe the Governor did not have an opportunity to read the water study (see below) that warns about just ONE more data center being approved east of 95 when she wrote her executive order.  Why is she waiting 6 months for action, until AFTER the legislative session?

Cooling Water Scarcity Areas – DEQ shall prioritize and expedite the development of regulations to establish criteria for the designation of cooling water scarcity areas where the evaporation of water for cooling purposes could have detrimental reductions in the quality or quantity of water available for other beneficial uses consistent with DEQ’s existing statutory authority and applicable legislative direction.

The Eastern Virginia Groundwater Management Area shall be designated as a cooling water scarcity area.

Within 180 days of this Executive Order, DEQ shall provide the Office of the Governor with a proposed accelerated timeline, workplan, and stakeholder-engagement plan for the cooling water scarcity

DEQ study throws cold water on data center development east of I-95 • Virginia Mercury

Long-awaited Occoquan watershed study points to pollution  | Localnews | princewilliamtimes.com

“…The study found that increased development and heavier rainfall associated with climate change will cause more pollutants, sodium and “forever chemicals” to drain into the Occoquan Reservoir, under the region’s current growth projections.”

We are concerned the Governor is NOT reading the available data about our grid crisis — the CRISIS we are CURRENTLY IN and HAVE BEEN IN FOR SOME TIME.  A crisis which is solely due to the unprecedented number of electrical contracts Dominion Energy has irresponsibly signed with the data center industry.

More from her Executive Order:

Grid Reliability – Virginia Energy shall evaluate the need for establishing data center operational state best practices to improve grid reliability, including ride-through and voltage protections. Virginia Energy shall engage with PJM, NERC, Virginia utilities, and other stakeholders as necessary to ensure state practices align with national practices. Virginia Energy shall provide recommendations to the Office of the Governor if any new practices are identified as necessary through the evaluation process.

Methane Emissions – The Chief Energy Officer, in consultation with DEQ and Virginia Energy, shall develop recommendations to support data center investment in methane emissions reductions associated with natural gas infrastructure. Within 180 days of this Executive Order, the Chief Energy Officer shall provide the Office of the Governor with an update on key findings and recommendations.

But consider this:

Data Center Alley Crisis Averted, But Sends A Huge Warning – Energy News Beat

PJM faces 2030 reliability crisis if data center load growth continues: report | Utility Dive

“In the study’s reference scenario, which relies on PJM’s 2026 load forecast, the modeled 2030 LOLE is 0.59, “or nearly six times worse than the PJM planning criterion,” it said.”

“In a “worst-case future” of higher-than-expected load additions and constrained resource deployment, the modeled LOLE is 13.20 — “over 100 times worse than PJM’s planning criterion,” indicating an expectation of “more than 13 days with loss of load events per year.”

“As in the Reference scenario, these reliability issues are largely due to surging data center additions,” the study said.

Data Center Concerns Raise Calls for Community Engagement  A panel at the Brookings Institution in Washington, D.C., debated the secrecy and opacity around some data center deals, which does little to generate local support.

“My question is always, what are you willing to sacrifice?” said Elena Schlossberg, executive director of The Coalition to Protect Prince William County during the panel. The Virginia-based coalition was organized as a result of massive data center buildout in the state, which has led to the region being known as “data Center Alley.”

“Do you want to give up your home? Do you want to give up your property? Do you want to breathe in diesel particulates? Do you want to listen to gas turbines that sound like jet engines 24 hours a day?” Schlossberg said. “I’m not anti-data. I’m really not. I’m not anti-AI. I’m anti-taking my property, anti-taking my clean air. So you tell me, what are you willing to sacrifice. How many people are supposed to be burdened?”

************

Here is what we want to say in response to this executive order:

Dear Governor Spanberger,

You appear to not fully grasp the urgency of the moment.

While your executive order and framework can be applauded for some aspirational goals, our house IS ON FIRE NOW.

Indeed, none of your initiatives address the suffering residents are feeling right now, whether it is:

  • The diesel generators turning on and then we are choking on access to clean air
  • The gas turbines increasing emissions next to homes and making life unlivable due to the high-pitched frequency and noise 24/7
  • The skyrocketing electricity bills
  • The forfeiture of homes, small businesses, and property to the massive transmission highways stealing the dreams of Virginians

Clearly millions of Virginia residents are being exposed to risks.  And your 6-month to 2-year timeframe for action is simply not acceptable.

Our question to Governor Spanberger and the Speaker of the House Don Scott is:  What are YOU willing to sacrifice for this industrial data center build out? 

Your home?
Your clean air?
Your children’s clean air?
Are you willing to trade homes with any of the people forced to risk all they have, their biggest financial investment, their quality of life, their health, for the energy needs of one private industry……..?

We need a statewide Data Center Moratorium NOW.

****************

Below are press releases from the Chesapeake Climate Action Network and the Piedmont Environmental Council regarding the governor’s executive order:

Spanberger Data Center Platform Takes Steps Forward, But Communities Still Need “Pause to Protect” – Chesapeake Climate Action Network

PEC Statement on the Governor’s Data Center Accountability Framework – The Piedmont Environmental Council
——————

DATA CENTER MORATORIUM NOW!
–>  NOTE:  We have NEW yard signs:

As well as many other different yard signs and t-shirts advocating to protect our communities.  Order one today, and start spreading the word to your neighbors!

Please make a donation to help with our on-going activities.