Local Control Protection Act
Sponsored By: Representative Bresnahan, Robert P. [R-PA-8]
Introduced
Summary
This bill would protect local control over data center siting by blocking federal court review and limiting federal permit approvals when local governments vote with recorded findings. It would also condition federal data-center tax credits on enforceable local agreements and annual workforce commitments.
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- Local governments would get stronger protection against federal legal challenges to zoning denials for "covered data centers" that meet the bill's definition, including projects with a power demand of 20 megawatts or more.
- Developers could face blocked federal permit approvals if they sue to overturn a local zoning denial. To claim federal data-center tax credits, developers must publicly file a legally enforceable agreement with the local chief executive covering local tax liabilities, road and utility mitigation, and environmental and noise monitoring.
- Workers and nearby communities would get explicit workforce and local-benefit conditions for credits. Developers must file a Local Workforce Utilization Plan that documents good-faith recruitment of regional workers, partnerships with apprenticeship programs and community colleges, a preference for local contractors when qualified firms exist, and annual updates during construction.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 1 costs, 1 mixed.
Tax credits tied to local agreements
If enacted, developers of covered data centers would not qualify for the referenced federal data center tax credit unless they file a signed, legally enforceable agreement with the local chief executive. The agreement would have to address local tax liabilities, road, water, stormwater, and utility mitigation, and environmental and noise monitoring. The agreement must include a publicly filed Local Workforce Utilization Plan showing good-faith regional hiring efforts before hiring outside the region, partnerships with apprenticeship and local education or workforce programs, and a preference for qualified local contractors. The workforce plan must be filed publicly with the agreement and updated each year during construction. This rule would apply to taxable years beginning after enactment and treats related entities as a single taxpayer for this requirement.
Local control over data centers
If enacted, the bill would limit federal court challenges to local zoning denials for large data centers. A local denial would be protected only when the local body voted on the record and issued written findings. Federal agencies would also be blocked from approving permits for a covered data center if the developer is suing to overturn that local denial. The bill would apply only to "covered data centers," generally projects using 20 megawatts or more of power or nearby facilities under common control that together use 20+ megawatts.
Sponsors & CoSponsors
Sponsor
Bresnahan, Robert P. [R-PA-8]
PA • R
Cosponsors
Rep. Kean, Thomas H. [R-NJ-7]
NJ • R
Sponsored 9/4/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov