Virginia HB 2094 (Vetoed).

Overview

Virginia HB 2094 was a proposed Virginia law governing the use of automated decision systems (ADS) in high-stakes decisions affecting Virginia residents. The bill would have imposed transparency, impact assessment, and opt-out obligations on organizations deploying AI in consequential contexts such as employment, credit, healthcare, and housing.

HB 2094 was vetoed by Governor Glenn Youngkin on March 24, 2025. The bill never became law.

Governor's Veto

Governor Youngkin vetoed HB 2094 on March 24, 2025, citing the following concerns:

• The bill's broad scope could stifle AI innovation in Virginia
• Compliance burdens on businesses before federal AI policy was established
• Preference for a federal approach to AI regulation rather than a patchwork of state laws
• Concerns about the bill's impact on Virginia's competitiveness in the technology sector

The veto was not overridden by the General Assembly. Virginia does not currently have a comprehensive AI-specific regulation.

What the Bill Proposed

HB 2094 was modeled on Colorado's SB 24-205 and proposed requirements including:

• Impact assessments before deploying automated decision systems in consequential decisions
• Consumer notification when ADS made or influenced consequential decisions
• Opt-out rights for Virginia residents subject to automated decision-making
• Developer documentation obligations for organizations building ADS
• AG enforcement with civil penalties up to $7,500 per violation
• Application to employment, credit, education, healthcare, housing, and insurance decisions

The bill's framework closely followed the Colorado AI Act, with the addition of explicit opt-out rights mirroring aspects of the EU AI Act.

Current Status

• Status: Vetoed (March 24, 2025)
• Effective date: None — the bill never became law
• Enforcement: None

Virginia businesses deploying AI should continue monitoring:

• Future Virginia legislative sessions for new AI proposals
• The Colorado AI Act (effective January 1, 2027) if they serve Colorado consumers
• The EU AI Act if they serve EU residents
• Existing Virginia consumer protection and data privacy laws that may apply to AI

Frequently Asked Questions

Was HB 2094 signed into law? No. Governor Youngkin vetoed the bill on March 24, 2025. It never became law and has no compliance obligations.

Does Virginia have any AI regulation? Virginia does not currently have a comprehensive AI-specific law. Existing consumer protection, employment discrimination, and data privacy laws (including the VCDPA) may apply to AI systems in certain contexts.

Should I still worry about Virginia AI compliance? If you serve Virginia consumers or have Virginia employees, monitor future legislative sessions. Building compliance programs around the Colorado AI Act or NIST AI RMF will position you well for any future Virginia AI legislation.

Official Sources

• HB 2094 full text (Virginia Legislative Information System)
• Governor's veto statement