July 1, 2026
A new electricity consumption tax on data centers in Virginia passes into law on July 1, 2026. DC Byte’s analysts break down what this could mean for the future of the world’s most important data center market.

What Has Changed?
Virginia has long been the world’s leading data center market. Since 2010, the market’s favorable tax regime has been an important contributor to this. Virginia’s Data Center Retail Sales and Use Tax Exemption (DCRSUT) was one of the first of its kind and, in many ways, created the blueprint that other US markets would follow throughout the 2010s and early 2020s.
However, beginning in early 2026, something changed. Since the turn of the year, Virginia’s House and Senate have been locked in fierce debate over whether to continue tax exemptions for data centers, reacting to growing grassroots and community pressure within the state. Virginia’s Senate has been considering an early expiration date for the DCRSUT, proposing to end the exemption in 2027, rather than 2035. Meanwhile, Virginia’s House has proposed extending the DCRSUT through 2050, but with far stricter environmental regulations on anything built within the state.
As of June 22, 2026, a compromise has been reached. The key change is a proposed statewide electricity consumption tax on data centers. The budget sets the rate at $0.011 per kWh, applying from July 1, 2026, until July 1, 2028. The administration expects the levy to raise around $1.2 billion over the two-year period, or roughly $600 million per year. Importantly, the decision doesn’t remove DCRSUT outright. Nevertheless, it does materially affect how much money developers, operators, and hyperscalers can save by siting projects within Virginia. Here are the five most likely impacts of the change:
The Cost Base Rises
Perhaps the most obvious impact of the tax is cost, especially for power-hungry AI workloads. A tax of $0.011/kWh is material for large campuses running at high utilization. Some estimates suggest that for a 100 MW facility operating continuously, the tax could equate to some $9.6 million per year. For capital-rich hyperscalers and major operators, that’s not a figure that will provoke panic, but it is enough to make a material difference.
The extra cost is unlikely to dent Virginia’s appeal, but it does make power consumption a more notable operating cost than it was previously. One outcome of this is that we may see efficient, high-value workloads remain in-state, whereas more speculative projects like AI training move elsewhere in search of better incentives.
Virginia Remains Attractive, but More Expensive
The fact that the sales and use tax exemption survived is crucial. Had Virginia removed the exemption on servers and data center equipment, the impact on hyperscale and cloud economics would likely have been far more disruptive. Instead, the state has chosen a middle path, keeping the core investment incentive but taxing ongoing power use.
In short, the change doesn’t mean Virginia is “closed for business”; far from it. Ashburn and its surrounding counties still have an ecosystem that’s very difficult to replicate quickly anywhere, save perhaps Texas. Northern Virginia possesses excellent connectivity, a large enterprise base for cloud deployments, experienced contractors, and a deep development pipeline, and that hasn’t changed. Of course, the tax makes the market more expensive, but it remains world leading.
New Projects May Face Tougher Underwriting Conditions
One area that is likely to change as a result of the introduction of the new tax regime is underwriting conditions. Developers and investors will now need to model a higher and more politically exposed operating cost. This compounds existing risks present within the market, namely constraints around power availability, transmission, land, planning, and community opposition. The new tax adds another layer of risk in project planning, particularly for proposals with long delivery timelines or uncertain power commitments.
For projects with strong fundamentals, the tax is likely to be little more than a minor consideration. However, for more speculative projects, particularly those outside the strongest connectivity zones or without all elements of development secured, the change could make underwriting a more difficult process.
Accelerated Spillover to Neighboring Markets
The tax is very unlikely to stall Northern Virginia’s growth. However, it could strengthen the case for nearby alternatives where power, land, permitting, or political risk look more favorable. Markets in Virginia beyond the traditional Loudoun, Prince William, and Fairfax corridor may benefit, but so could neighboring states if they can offer power availability and a more predictable fiscal environment.
This goes beyond avoiding the tax itself. Operators and hyperscalers also need to be able to secure power at scale, get projects approved, and maintain community support. Add the new tax to these existing considerations, and it could make the comparison between Northern Virginia and nearby markets less favorable.
The Most Important Impact Is Political
The most important implication is not the two-year tax itself. It is that Virginia, the world’s most important data center market, has moved from actively incentivizing data center growth to asking whether the industry is paying enough for its power, environmental, and community impact. Governor Spanberger described the measure as a “foundation for further discussions on the industry’s environmental and community effects.”
This is important because Virginia often sets the tone for the wider US market. If the tax is politically successful, we could well see other state legislatures follow suit. On paper, power-based taxation looks like a plausible way to capture the value of AI infrastructure while keeping local communities onside. Time will tell whether this approach is successful, but other states will certainly be watching developments in Virginia with interest.
The Bottom Line
Virginia’s position as a world-leading data center market isn’t seriously under threat. However, these developments are a further signal, following Dominion Energy’s announcement of its power crunch in 2022, that the era of easy growth is coming to an end. The new tax doesn’t undermine Northern Virginia’s structural advantages or leadership legacy, but it does mean future developments are likely to be more selective, more expensive, and subject to greater political scrutiny.
For industry stakeholders, the priorities going forward will be using power as efficiently as possible and engaging with communities early to provide compelling evidence of local benefits. This creates an opening for competing markets, with Texas, already predicted to overtake Virginia by 2030, likely to be the biggest beneficiary. However, this rests on alternative markets’ ability to continue offering the one thing Virginia increasingly can’t guarantee cheaply: scalable power. With constraints on the rise everywhere, this, too, is far from guaranteed.
If your planning depends on separating announced capacity from deliverable capacity, you need better visibility on data center markets, not bigger bets. Book a demo with our team to explore our Market Analytics, where we capture global data centre capacity by market and development stage.
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