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Senate adopts substitute to limit data center siting to industrial zones, renames facilities 'HEUF'
Summary
Senate floor substitute to SB 94 changes the bill language from 'data centers' to 'high energy use facilities' (HEUF), limits siting to industrially zoned areas, extends a local compliance deadline to Jan. 1, 2027, and was agreed to by the body after recorded votes on amendments and substitute language.
Senate debate on Feb. 11, 2026, led to a floor substitute for SB 94 that replaces the term "data center" with "high energy use facility" (HEUF) and clarifies that siting for these facilities must be conducted only in industrially zoned areas unless a locality elects otherwise through rezoning.
Senator from Western Prince William, who presented the substitute, said the change aligns the bill with a JLARC report and "draw[s] that to the substitute language" from the sponsor's earlier effort. He explained the substitute also extends the deadline for localities to adopt required zoning provisions from July 1, 2026 to Jan. 1, 2027 to give local governments more time to adjust.
Why it matters: the substitute narrows the areas where large energy-consuming facilities can locate, creating a clearer role for local zoning and requiring either pre-existing industrial zoning or a rezoning process before siting. Sponsors said the change balances the expansion of high-capacity computing or storage facilities with local land-use expectations.
Key floor actions and clarifications: the Senate rejected certain committee amendments, agreed to the committee substitute, and then adopted a second floor amendment that explicitly limited application to localities with zoning ordinances and extended the compliance deadline. The floor amendment carried on a recorded vote (Ayes 24, Noes 16); the substitute was then engrossed and advanced to third reading.
What the bill does not do: the floor substitute does not bar a locality from approving HEUFs; it requires localities to treat them as industrial uses or go through a rezoning process. It does not itself set state-level tax incentives or authorizations for specific projects; those would remain subject to local approval and separate incentives.
Next steps: SB 94 was engrossed and advanced to third reading after the substitute was adopted. Local governments will have the stated compliance timeline to consider zoning changes under the substitute as recorded on the floor.
