[Virginia Mercury] Virginia Lawmakers Recess Special Session Without Budget Deal
Members of the General Assembly briefly convened for a special session on Thursday, April 23rd to address disputes between Democrats in the House of Delegates and State Senate over budget priorities. After a few hours, both chambers went into recess without coming to a deal for Virginia’s $212 billion biennial budget and with no clear timeline on when they will come back to continue negotiations.
The biggest sticking point creating friction between the Delegates and State Senators in the General Assembly is whether the sales tax exemption provided to data centers should be eliminated. Currently, data centers that invest at least $150 million and create at least 50 well-paying jobs qualify for sales tax exemptions on equipment (e.g. servers, routers, and cooling equipment). The exemption was implemented in 2010 and sunsets in 2035 but may be extended to 2050 if certain conditions are met.
Senate Democrats have argued that the exemption prevents Virginia from earning about $1.6 billion in annual state revenue – a significant increase from the original estimate of $1.5 million annually that was predicted when the sales tax exemption was first implemented. Chair of the Senate Finance and Appropriations Committee Sen. Louise Lucas (D-Portsmouth) wants to end the data center sales tax exemption by January 1st, 2027. $300 million of the newly generated tax revenue would be dedicated to funding multi-modal transportation projects across the Commonwealth. However, Democrats in the House have not agreed to the Senate’s proposal to end the sales tax exemption. Lawmakers and data center representatives have continued negotiating compromises to the policy impasse – proposing energy-consumption taxes for high-demand data centers or narrowing what equipment qualifies for the sales tax exemption as alternatives. Unfortunately, none of the alternatives have been accepted by both chambers.
Further complicating budget negotiations are vetoes Governor Spanberger made to legislation the General Assembly passed that would have legalized skill games. Lawmakers expected to generate about $250 million in state tax revenue from that market. In her veto, Spanberger cited a lack of centralized regulation of skill games and how they were primarily concentrated in lower-income communities when previously permitted. Regardless, Democrats in the General Assembly were caught off guard by her veto and now must figure out how to make up for the unexpected shortfall in their planned tax revenue.
If lawmakers fail to pass a budget before July 1st, then the state government would shut down. House Minority Leader Del. Terry Kilgore (R-Scott) warned that compared to the federal government, a shutdown of Virginia’s state government would be felt more quickly by Virginians. Still, he and other lawmakers remain hopeful that the disagreements between the House and Senate budget proposals will be resolved before June 30th – when Virginia’s current biennial budget terminates.
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