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Lawmakers negotiate data center water reporting bills

(The Center Square) – Virginia lawmakers are working to resolve differences between two proposals addressing water use by data centers as the General Assembly debates how the fast-growing industry should disclose its water consumption.

Senators voted 40-0 to reject a House substitute for Senate Bill 553, sending the measure to a conference committee where lawmakers from both chambers will attempt to negotiate a compromise.

The original Senate version of SB553, sponsored by Sen. Kannan Srinivasan, D-Loudoun, would require water suppliers to report how much water they deliver to data centers to the Virginia Department of Environmental Quality. The information would be submitted to the State Water Control Board as part of existing water-use reporting requirements.

The House replaced that language with provisions drawn from House Bill 496, sponsored by Del. Elizabeth Guzman, D-Prince William, which focuses on water-use disclosures during the local zoning process.

HB496 would allow localities to require proposed commercial and industrial facilities, including data centers, to submit annual water consumption estimates and allow local officials to consider water use from public resources when reviewing rezoning or special-use permit applications. The estimates would also be publicly accessible in submitted applications.

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Because the House substitute removed the Senate’s statewide reporting requirement, the Senate declined to accept the changes to SB553. The House later insisted on its version and requested a conference committee to resolve the disagreement.

Meanwhile, HB496 continued moving through the legislative process. The Senate passed the bill with a substitute on a 25-15 vote.

The debate comes as lawmakers examine infrastructure demands tied to Virginia’s expanding data center industry, including electricity and water used to cool large computing facilities. Virginia, particularly Northern Virginia, hosts the largest concentration of data centers in the world.

A Joint Legislative Audit and Review Commission report also suggested lawmakers consider allowing local governments to require data center developers to submit water-use estimates and consider water demand when reviewing zoning and special-use permit applications.

Under current regulations, water withdrawal reporting is generally tied to the entity that withdraws the water rather than the individual facility that ultimately uses it.

Irina Calos, communications manager for the Virginia Department of Environmental Quality, told The Center Square that many facilities, including data centers, receive water from public utilities rather than withdrawing it directly.

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“While the specific volumes for each facility are not reported to DEQ, the amount of water used by those facilities would be included within the reported water withdrawal amounts from the public water supplier,” Calos said.

That structure means water use reported to DEQ may reflect totals reported by water suppliers rather than individual facilities.

Lawmakers in conference will now determine whether water transparency should occur through statewide reporting to regulators, disclosure during local zoning approvals, or some combination of both.

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