U.S. Rep. Bresnahan introduces federal data center legislation amid proposals across NEPA
U.S. Rep. Rob Bresnahan wants federal legislation designed to protect local municipalities amid the proliferation of data center proposals in small communities like the ones he represents in Northeast Pennsylvania.
The congressman on Thursday introduced legislation that would block companies from suing municipalities in federal court if their project is denied based on documented findings about public health, infrastructure, community character or similar concerns.
Bresnahan’s proposed “Local Control Protection Act” also would force developers of approved data centers to file legally enforceable community benefit agreements and hire local labor if they seek federal incentives.
“We should never let billion-dollar corporations supersede the voices of those who live in the community,” Bresnahan said in a news release announcing his proposal. “My legislation will protect small boroughs and townships who decide against a data center from the legal wrath of billion-dollar corporations. 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, a Republican from Dallas Twp., is serving his first-term representing the 8th Congressional District, which includes all of Lackawanna, Pike and Wayne counties and portions of Luzerne and Monroe counties.
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Bresnahan said small municipalities oftentimes don’t have the resources to fight prolonged court battles against data center developers with deep pockets.
When a local planning commission or borough council votes to deny a data center, a well-resourced developer “can, and often will, sue the local municipality to override their decision,” his news release stated.
This leaves community leaders with “an impossible choice” to either approve projects their constituents don’t want or drain their budgets fighting a lawsuit they may not be able to sustain, the news release said.
“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.”