Overview
Virginia HB 2094, the High-Risk Artificial Intelligence Developer and Deployer Act, was a proposed Virginia law governing high-risk artificial intelligence systems: systems that autonomously make, or are a principal basis for, consequential decisions affecting Virginia residents. The bill would have imposed transparency, impact assessment, and disclosure obligations on developers and deployers of 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. His veto statement cited the following concerns:
- The bill's regulatory framework was burdensome and rigid
- It would harm economic growth and the development of Virginia's AI industry
- The compliance burden would fall especially hard on startups and small firms
- Existing laws already cover discrimination, privacy, and data use
- Virginia already had a state-level approach through his Executive Order 30 (2024) and the Virginia AI Task Force
The General Assembly did not override the veto; the House sustained it on April 2, 2025. Virginia does not have a comprehensive AI-specific regulation.
What the Bill Proposed
HB 2094 was modeled on Colorado's SB 24-205, though it was narrower in scope: it covered AI systems whose output was the "principal basis" of a consequential decision, where Colorado's law reached systems that were a "substantial factor." Its requirements included:
- Impact assessments before deploying high-risk AI systems in consequential decisions
- Consumer disclosure before a high-risk AI system was used in a consequential decision, plus transmission of the decision itself to the consumer
- Adverse-decision rights: a statement of reasons, an opportunity to correct inaccurate personal data, and a right to appeal
- Developer documentation obligations for organizations building high-risk AI systems
- AG enforcement with civil penalties of no more than $1,000 per violation (plus reasonable attorney fees, expenses, and costs), rising to between $1,000 and $10,000 per violation for willful violations
- Application to employment, credit, education, healthcare, housing, and insurance decisions
The bill contained no consumer opt-out right.
Current Status
- Status: Vetoed (March 24, 2025; veto sustained April 2, 2025)
- Effective date: None — the bill never became law
- Enforcement: None
In the 2026 General Assembly session, comprehensive AI bills (including SB 365, SB 796, and SB 269) were tabled or carried over to the 2027 session. Narrower AI bills did move forward: HB 580, establishing AI fraud and abuse programs under the Division of Consumer Counsel, won final approval on March 11, 2026 and went to Governor Spanberger. Governor Spanberger signed SB 384 and HB 797 on April 13, 2026, directing the Joint Commission on Technology and Science to study a framework for independent verification organizations that certify AI system safety, with a report due November 1, 2026. She also signed HB 1186 and SB 394, which took effect July 1, 2026 and direct the Department of Education to issue guidance for the safe, ethical, and equitable use of AI systems in public K-12 schools.
Virginia businesses deploying AI should continue monitoring:
- The 2027 Virginia legislative session, where carried-over comprehensive AI bills may return
- The Colorado AI Act (effective January 1, 2027), as rewritten by SB 26-189, 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 have a comprehensive AI-specific law, but it has enacted narrower AI bills. Comprehensive AI bills in the 2026 session were tabled or carried over to 2027. HB 580 (AI fraud and abuse programs under the Division of Consumer Counsel) won final approval on March 11, 2026, and Governor Spanberger signed SB 384/HB 797 (an independent-verification-organization framework study, April 13, 2026) and HB 1186/SB 394 (AI-use guidance for K-12 schools, effective July 1, 2026). 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, watch the 2027 session, where carried-over comprehensive AI bills may return. Building compliance programs around the Colorado AI Act (as revised by SB 26-189) or the NIST AI RMF will position you well for any future Virginia AI legislation.
Official Sources
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