Rep. Bresnahan introduces bill to give local municipalities power over data center decisions

WILKES-BARRE — Addressing the controversial topic of data centers, U.S. Rep. Rob Bresnahan said Thursday that billion-dollar corporations should never supersede the voices of those living in affected communities.

Bresnahan, R-Dallas Township, introduced the Local Control Protection Act — legislation to curb the ability of large corporations to litigate and attempt to overturn local decisions regarding data centers and ensure approved developments maintain a benefit to the community.

“My legislation will protect small boroughs and townships who decide against a data center from the legal wrath of billion-dollar corporations,” Bresnahan said. “What’s best for Northeastern Pennsylvania always comes first. The people who live here, work here, and raise their families here are the ones who know what’s best for our communities.”

Bresnahan said when a local planning commission or borough council votes to deny a data center, a well-resourced developer can — and often will — sue the municipality to override the decision. He said this leaves community leaders with an impossible choice — approve projects their constituents don’t want, or drain their budgets fighting a lawsuit they may not be able to sustain.

“Over the past year, we have watched developers try to strong-arm their way into our communities,” Bresnahan said. “The greed of these out-of-state corporations should not dictate how people in Northeastern Pennsylvania live their lives, and I’m determined to see that my constituents get to decide what is put in their backyards.”

Bresnahan said the Local Control Protection Act is designed to protect municipalities and counties from being sued in federal court by developers for denying data center applications. He said the protection would apply when the denial is based on documented findings, or concerns about public health, infrastructure, community character, water, or similar concerns.

Additionally, Bresnahan said the legislation bars Federal agencies from approving permits related to the construction or operation of a data center if the developer has initiated or is maintaining legal action in any court seeking to challenge or overturn a local zoning denial.

Bresnahan said if a community votes to approve a data center development, and the developer seeks federal incentives to build, the Local Control Protection Act would require the project to demonstrate a real benefit to the community.

He said the legislation requires a publicly filed, legally enforceable community benefit agreement for projects, including a road, water, and utility infrastructure mitigation, environmental, and noise monitoring protocols.

Bresnahan said each agreement must also include a public Local Workforce Utilization Plan requiring developers to prove they recruited and hired from the region before bringing in outside labor, partnered with local apprenticeship programs, career and technical education centers, and community colleges to train the workforce, and gave local contractors and subcontractors first consideration whenever qualified firms are available.

...