Tag: Sen. Louise Lucas

  • Virginia legislators advance $205 billion budget including new tax on data centers

    Virginia legislators advance $205 billion budget including new tax on data centers

    On Monday, Virginia legislators approved a two-year, $205 billion budget proposal to fund healthcare and public education, provide 4% teacher raises and a 3.5% pay bump to state employees, establish a retail weed marketplace and hedge against decreased federal dollars.

    The spending plan also includes a provision to tax data centers for their energy consumption, which is slated to generate a maximum of $600 million each year but doesn’t include the environmental standards the House of Delegates wanted to impose on the industry or the end of the sales tax exemption that the Senate sought.

    Senate Finance Committee chair Louise Lucas, D-Portsmouth, said after her chamber’s morning session that she “didn’t love” the data center compromise and framed it as a necessity — but not the final solution.

    “I would have preferred another method, but we had to get a budget. We were not going to let the government be shut down, and so this was a good start,” Lucas said.

    “This is a compromise proposal — one my administration helped craft — and it builds a strong foundation for further discussions about the future of this industry in Virginia on issues like environmental and community impact,” Gov. Abigail Spanberger said of the data center provision in a statement.

    The Senate passed the budget proposal 23-16 vote, while the House advanced it 71-22.

    With both chambers finally on the same page after months of gridlock over data centers, the plan will now be reviewed by Spanberger. She can sign it as-is, recommend changes or veto line items. The whole process must be finalized by July 1, when the new budget will take effect.

    Here are the key priorities addressed by the spending plan.

     

    Data centers

     

    The amended budget proposal creates an energy consumption tax for data centers which totals $.011 per kilowatt hour used per month.

    The state will collect up to $600 million a year from this new tax, according to budget language. Any funds collected over that cap would be put into a fund and given back to data centers at the end of each fiscal year.

    This is only a fraction of what the state could have made if they had ended the sales and use tax exemption, but, after months of arguing, lawmakers ultimately didn’t agree to that measure. Spanberger supported keeping the exemption in place through the end of the agreement’s term in 2035.

    Additionally, language was put into the budget to direct the Department of Environmental Quality to study the groundwater impacts of non-closed loop data centers, which use millions of gallons of water each year.

    DEQ will locate “cooling water scarcity areas” where the use of potable water for computer cooling systems could be detrimental to surrounding areas’ water quality and availability.

    The department will have until July 2027 to create regulations for the scarcity areas. After they are developed, future data centers in that area will be required to “use air cooling, closed loop cooling systems, or more efficient cooling systems that become available.”

    After July 1, 2027, data centers in the Eastern Groundwater Management Area will have to “use air cooling systems, 100% recycled water and/or stormwater for cooling, or use a closed loop system.” A study will be released in October 2026 on how to retrofit existing data centers in those areas to align with the new regulations.

    Some Republican lawmakers characterized the measure as inconsistent.

    “The budget does not create one strong statewide water usage standard for data centers. Some parts of Virginia get stronger protections and other parts get weaker protection or no protection at all,” said Sen. Glen Sturtevant, R-Chesterfield. “That should concern every locality that is concerned about becoming the next target for a massive data center.”

    Senate budget proposal keeps data center sales tax exemption, adds new tax for industry

    Budget language also directs DEQ to put in place noise abatement regulations for data centers before the end of 2029. The department will determine the lowest possible noise level for data centers and make it the standard starting in 2030.

    After that date, facilities who violate the noise standard will face a fine of $32,500 per day.

    “The noise issues are some of the things we hear the most from people that live next to data centers,” said Sen. Scott Surovell, D-Fairfax, whose district contains dozens of data centers. “Water is a rising concern, especially for any data centers that are gonna be put east of I-95, where we already have a real problem with our declining aquifer.”

    Lucas told reporters that this is not the end of the conversation about doing away with the sales and use tax exemption, and that a study group will look closer at the issue and provide a report on their findings in November.

     

    Health and human services

     

    Overall, the pending budget will earmark $158.3 million in the state’s general fund for fiscal year 2027 and $245.1 million in 2028 for healthcare and social services.

    The money was set aside both for healthcare and social services the state typically handles along with support to comply with new federal mandates and partially plug holes created by federal funding shortfalls.

    As thousands of Virginians have fallen off Affordable Care Act health insurance this year, Virginia’s new budget entails $150 million to support a state-level version of the expired federal assistance for people between 138% and 250% of the federal poverty level.

    Sen. Danica Roem, D-Manassas, a former journalist and restaurant worker, described the difficulty of living uninsured for two years in a floor speech on Monday.

    “I don’t want anyone to live like that,” she said.

    She added that the budget “puts major money” into making sure that the state is “taking care” of people.

    Sen. Danica Roem, D-Prince William, speaks on the Senate floor during the special budget session on June 22, 2026. (Photo by Charlotte Rene Woods/Virginia Mercury)

    The plan calls for $3.5 million to determine ways the state can ensure eligible people remain on Medicaid amid forthcoming eligibility requirement shifts and additional verification work.

    Virginia’s roughly 850,000 Supplemental Nutrition Assistance Program beneficiaries went without their food stamps last fall during the federal shutdown. And due to a reconciliation bill Congress passed last summer, states like Virginia are attempting to reduce their error rates.

    State lawmakers have designated $135 million to handle SNAP, should the error rate not fall to the required 6% by the end of the calendar year.

    Sometimes SNAP households are overpaid or underpaid because of paperwork mistakes by government staff or outdated information from beneficiaries. Work in social service departments is already underway to reduce error rates.

    Free clinics will receive $20 million in state funding over the next two years while federally qualified health centers will get $10 million in that time.

    While federally qualified health centers offer sliding scale fees for low-income patients, free clinics are also a resource for uninsured patients. Both entities have been bracing for additional clients as Virginians lose their ACA or Medicaid insurance.

    A little over $1 million is allocated to help local health departments statewide handle rent increases. The regional centers help fill healthcare access gaps and are often tailored to the local communities they serve.

    As federal dollars for HIV/AIDS care are slashed, the state budget also contains over $26 million for that specific type of healthcare over the next two years. Staying on top of medication is critical in preventing the spread of the disease.

     

    Education

     

    Under the newly approved budget proposal, K-12 education funding would increase by $1.4 billion, including a 4% increase for teachers in each of the next two years.

    Lawmakers propose $590 million for rebenchmarking, declining enrollment, and high-need groups, including $28.9 million for at-risk and $148.4 million for special education students.

    Also included: $500,000 for grants to help schools purchase Automated External Defibrillators (AEDs) and implement cardiac emergency response plans.

    In higher education, the budget proposes restoring funding for affordable access and tuition moderation, as well as expanding nursing programs at several public universities. The Internships Virginia (InVA) initiative to provide paid internships for postsecondary students would also be funded.

    Virginia localities raise $119M for school construction through targeted sales tax

    To support educational infrastructure, lawmakers also agreed to expand the authority to allow all localities to use a 1% sales tax to pay for construction costs, contingent on a referendum that must pass in each jurisdiction. The language also permits jurisdictions in Northern Virginia to use the funds for transportation projects to address public transit needs.

     

    Tax deductions

     

    Taxpayers will be able to keep a bit more of their cash, as the new budget increases the standard income tax deduction from $8,750 for single filers and $17,500 for joint filers to $9,200 and $18,400 in 2027 and $9,300 and $18,600 in 2028.

     

    RGGI/environment

     

    A budget amendment was added into the conference report that would divert 45% of the funds earned from the Regional Greenhouse Gas Initiative back to ratepayers.

    The funds come from carbon credit sales, which utilities must purchase if they want to burn carbon-based fuels sources that release emissions. Those costs are then passed down to utility customers.

    When former Gov. Glenn Youngkin removed the state from the agreement in 2021, it cost about $4 a month on the average residential customer’s bill. Recently, Dominion Energy filed for the “RGGI Rider” to be added back to monthly bills as mandated by a law to rejoin the agreement, signed by Spanberger in recent weeks.

    Dominion is required to begin purchasing from the carbon credit auction in July but the charge to customers won’t begin until March should the State Corporation Commission approve the application by the utility. This will lead to an increased charge of $10-$13 monthly.

    The state previously earned about $800 million from the RGGI funds that had to go towards community flood preparedness projects and low-income energy efficiency projects. The new budget language includes the rebate for customers, which would put money back in wallets but detract from the funds for flood and efficiency projects.

    The rebate will not apply to co-op utility customers.

     

    Housing

     

    While a handful of housing bills passed the 2026 session and have since been signed into law, the new spending plan includes measures to ensure bills with fiscal impacts get off the ground.

    The state budget proposal directs $60 million overall for housing initiatives, $40 million of which will go to the state’s Housing Trust Fund and $20 million that will go towards a mixed-income housing pilot program.

    Additionally, lawmakers set aside $11.5 million for the Virginia Eviction Reduction Program and $10 million for the Clean Energy Innovation Bank.

     

    Cannabis

     

    Spanberger and lawmakers announced June 16 a reworked proposal for a retail cannabis marketplace that included key compromises between legislators’ and the governor’s visions. The marketplace is set to launch July 1, 2027 and will be limited to 350 stores statewide.

    Spanberger, legislators roll out retail weed plan, set to launch in July 2027

    State sales tax on retail weed will be 6% at launch and will increase to 8% in 2029. Localities also have the option to add an additional tax of 1 to 3.5%.

    Because lawmakers added a Part 5 amendment, the market will be permanently established in the state.

    The new framework includes a $250 public consumption civil penalty that will not take effect until 2027.

    “We had serious concerns about creating extreme new penalties that would not have meaningfully reduced the illicit market,” Sen. Lashrecse Aird, D-Henrico, said at a press conference announcing the framework last week.

    “But we believe this final framework strikes the right balance for enforcement mechanisms, but also in accountability, but also not harming those who just choose to participate in the market.”

     

    Child care

     

    The budget sets aside $137.6 million for the state-subsidized child care program slots, which will be devoted to families making 85% or less of the state median income.

    This follows legislation carried by Del. Briana Sewell, D-Prince Wiliam, requiring the state education department to update how it calculates the cost of childcare for Virginia families. A majority of Virginia parents and employers say child care costs are prohibitive.

    Spanberger signed the bill into law last month.

    A new cost-sharing program for child care will be funded through the budget, with lawmakers allocating $25 million for the initiative to spread the price of child care between families, employers and the state.

     

    Transportation

     

    Lawmakers included $153 million in the budget for additional operating assistance for the Washington Metropolitan Area Transit Authority, or Metro, with the caveat that Metro must produce a 20-year capital plan and annual performance reports.

    The action comes as inflation has driven up the costs of operating transit services.

    Lawmakers also proposed directing the secretary of transportation to evaluate options, including public-private partnerships, to accelerate large-scale improvements to the I-81 corridor.

    The legislature allocated $7 million for the Route 460 Phase IIA Finish Grade Project and directed stakeholder engagement to prioritize improvements along the U.S. Route 220 corridor.

    The budget also directs the state to identify federal funds to support rural electric-vehicle charging infrastructure and provides $500,000 to continue developing Advanced Air Aviation Test Sites to enable advanced air mobility.

     

    What’s next

     

    The proposal will now head to Spanberger, who said it contained “a lot to be proud of” in a Monday afternoon statement.

    “Today, the General Assembly has moved forward with a budget proposal — and that means we are keeping our government open and delivering for the 8.8 million people who call our Commonwealth home,” she added.

    A view from inside the Virginia House of Delegates chamber on June 22, 2026. (Photo by Nathaniel Cline/Virginia Mercury)
  • The exemption Virginia can’t price and won’t stop

    The exemption Virginia can’t price and won’t stop

    Virginia gave data centers a $928 million tax break in a single fiscal year, 2023, and the General Assembly cannot pass a budget because it can no longer agree on whether to keep doing it. That is the fight underneath the standoff in Richmond, with state spending set to expire June 30 and the conferees who should be writing a deal gone home without one.

    The state’s own auditors laid out the stakes more than a year ago. The Joint Legislative Audit and Review Commission studied the exemption in 2024 and found it provided $928 million in tax savings in fiscal 2023. About 90% of the state’s data center industry was using it. The exemption has been on the books since 2010 and is scheduled to expire in 2035.

    Local governments race to attract data centers, often in spite of concerns from their constituents

    The significance of JLARC’s findings about the return on that money has eluded the budget debate so far.

    The benefit is real but front-loaded. JLARC estimated the industry contributes 74,000 jobs, $5.5 billion in labor income, and $9.1 billion in GDP to the state economy, then added the qualifier that matters: most of it comes from construction, not from running the centers once built.

    A typical data center employs about 50 full-time workers, half of them contractors, JLARC’s report found. At the height of building one, roughly 1,500 workers are on site. The jobs that justify the break are mostly the jobs that end when the concrete cures.

    Then there is the cost that lands on people who will never own a server.

    JLARC commissioned an independent study of utility rates and found current rates correctly assign costs to the customers who cause them, data centers included. But the industry’s appetite for power changes the math going forward. Meeting it requires building generation and transmission that would not otherwise be built, and those fixed costs get spread across every ratepayer.

    JLARC put a number on it: a typical Dominion residential customer could see generation and transmission costs rise by $14 to $37 a month in today’s dollars by 2040. That is the quiet transfer inside this debate. An industry that buys its equipment tax-free helps drive a power buildout that shows up on household bills.

    This is where the Senate and the governor parted ways. Senate Finance Chair Louise Lucas has pushed to wind the exemption down rather than let it run untouched to 2035, and walked out of the meeting when that went nowhere.

    Gov. Abigail Spanberger and House Appropriations Chair Luke Torian have resisted early repeal, arguing the state must honor the agreements it signed. A single tax preference has been able to hold the whole budget hostage.

    Spanberger’s data center position is the test of her affordability message

    The contract argument deserves a closer look than it usually gets. Companies claiming the exemption sign a memorandum of understanding with the state, and Virginia law spells out what that document must contain: the company’s investment target, its job target, the timeline, and what it owes back if it falls short.

    The binding promises run from the company to the commonwealth, enforced by clawback. Nothing in that framework commits the state to keep the exemption alive for any set term. The life of the break is fixed by statute, and a statute can be amended by the body that wrote it.

    That points to an option neither side is championing, though JLARC named it plainly: The Assembly could apply a partial exemption after 2035, or end the full break early, drawing the line to protect existing commitments while changing the terms for what comes next.

    JLARC noted the Assembly could even narrow an expiration to one region, while warning a Northern Virginia-only approach would do little to slow statewide growth, since the industry is now spreading down the I-95 corridor into central Virginia. A prospective change avoids the contract objection entirely, because no facility can claim it relied on a benefit it was never offered.

    The reason the clean version isn’t on the table is the same reason the budget is stuck. Prospective-only changes raise little money now, and the money is the point.

    Lucas wants revenue this biennium for services that federal cuts are squeezing. Phasing the break out for the existing base delivers that; protecting the base does not. So the legally cautious path is the fiscally weak one, and the fiscally strong path invites the fight over the agreements. Both sides understand the tradeoff. Neither states it out loud.

    A skinny budget may keep the lights on past June 30. It will not resolve what the standoff revealed.

    Virginia built an incentive its own auditors say returns less to the state than it costs, watched it grow into a near-billion-dollar annual line, and has not decided whether it has the will to change course. Localities adopting their own budgets this month, waiting on state numbers that may not come, will feel that indecision first.

  • Virginia lawmakers are set to return to Richmond as budget deadline nears

    Virginia lawmakers are set to return to Richmond as budget deadline nears

    Virginia lawmakers are set to return to Richmond this month for another attempt to reach a budget deal, with just days until the start of the new fiscal year and no agreement yet on the state’s next two-year spending plan.

    The House of Delegates is scheduled to reconvene its special session June 18 at 10 a.m., followed by the Senate on June 22 at noon, as negotiators continue working toward a compromise budget that can pass both chambers and reach Gov. Abigail Spanberger’s desk before the June 30 deadline.

    Failure to enact a budget before the new fiscal year begins would result in a government shutdown, creating fiscal uncertainty for state agencies, local governments and school divisions that depend on state funding. Spanberger has repeatedly warned against allowing negotiations to extend beyond the deadline.

    “It’s absolutely unacceptable if the General Assembly would allow for the state to go past July 1,” she told Cardinal News last month.

    Lawmakers have remained at an impasse since the regular 2026 General Assembly session ended without a budget, despite Democrats controlling both chambers of the legislature. A special session in April also ended without a deal.

    The biggest sticking point is a Senate-backed proposal to begin phasing out the state’s sales and use tax exemption for data centers before it expires nine years from now.

    Senate Finance and Appropriations Committee Chair Louise Lucas, D-Portsmouth, has argued the fast-growing industry places increasing demands on Virginia’s electrical grid and water resources while producing relatively few long-term jobs.

    Spanberger and House Democrats have opposed ending the incentive prematurely, arguing it could damage Virginia’s reputation with businesses and discourage future investment.

    The tax exemption was approved in 2008 and is authorized through 2035. Lawmakers originally estimated it would reduce state revenue by about $1.5 million annually. Today, its value is estimated at nearly $2 billion a year, as Virginia has become the world’s largest data center market.

    Spanberger said she is open to discussions about what happens after 2035.

    “There are efforts afoot in the General Assembly, as it relates to the budget, to ensure that data centers are paying their fair share, as I think everyone broadly agrees is necessary,” Spanberger said in mid-April. ”And so that will continue to play out in those negotiations.”

    But the governor said she opposes changing the policy before the exemption lapses.

    “If Virginia were to take an adversarial stance towards any particular industry, it sends the wrong signal broadly, and we’re already seeing it with the decision to move away from the tax abatement,” she told Cardinal News in an interview published last week.

    “It is the absolute prerogative of the General Assembly to look towards the future and to have conversations about incentives they do or do not want to give into the future.”

    She also warned that ending the incentive early could invite legal challenges.

    “As governor, I’m not going to break a contract that the state has signed — one, because who’s going to fund those lawsuits when we have to defend ourselves from broken contracts?” Spanberger said.

    The dispute has put the governor at odds with Lucas, one of the Senate’s most powerful members.

    In a series of posts Wednesday on X, formerly Twitter, Lucas blamed the administration and House Democrats for the continued stalemate.

    “The Governor and the House are the ones that are gambling with our future by allowing the data centers to expand without concern for power, water, or paying their fair share of taxes,” Lucas wrote.

    “The Governor should be honest and tell the public what she won’t do — she won’t tax billion dollar corporations to provide long term revenue to help pay for K12 and public safety and to backfill the federal cuts from Trump.”

    “That’s the budget hold up!! Once again, the Governor is wrong on the policy and knows Virginians will cook her if there is a government shutdown.”

    Lucas has repeatedly defended the Senate proposal during budget discussions.

    At a Senate Finance Committee meeting in May, she argued the state should not continue providing the incentive without additional policy changes.

    “Data centers will employ very few permanent jobs for a sizable tax giveaway,” Lucas said.

    “This is imperative to encourage responsible growth in the commonwealth to protect our electric grid and natural resources, while also ensuring hard working Virginians are not asked to pick up higher utility costs to fund a higher share of our existing core services,” she added.

    Despite the disagreement, Lucas said at the time that she expects lawmakers to reach a deal before the new fiscal year begins.

    “Virginia will have a budget by June 30,” she said. “We will have to get this right for Virginians.”

    Meanwhile, state officials are preparing updated financial projections to aid negotiations.

    Earlier this month, Spanberger directed state finance officials to roll out a revised revenue forecast that will include projections through fiscal year 2031. The administration said the updated forecast is intended to give budget conferees a clearer picture of the state’s fiscal outlook.

    “When making long-term budget commitments, it is important that policymakers have the most current and accurate information available,” Spanberger said in a statement. “This updated forecast will help provide budget conferees and the public with greater confidence as negotiations continue on the commonwealth’s next two-year budget.”

    The request came as Virginia Secretary of Finance Mark Sickles warned that parts of the state’s economy are showing signs of weakness.

    During last month’s meeting of the Senate’s money committee, Sickles pointed to slower job growth, persistent inflation and declining consumer confidence, even as state revenues continue to exceed expectations.

    Those stronger revenues have given negotiators additional room as they work toward a budget agreement before July 1.