Local Control Protection Act
- Bill Number
- H.R. 9262
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Taxation
- Status
- Introduced
- Latest Action
- 2026-06-11: Referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-06-30T22:00:42Z
AI-Generated Summary
Local Control Protection Act (H.R. 9262)
Purpose
This legislation aims to safeguard the decision-making power of local governments over zoning for large data centers and to link eligibility for certain federal tax incentives to agreements that address local community concerns.
Key Provisions
- Local zoning protection: Federal courts cannot review challenges to a local government's decision to block a covered data center if the decision was made through a recorded vote and supported by documented findings.
- Federal permitting restriction: Federal agencies are barred from approving permits for a covered data center if the developer is actively suing in court to overturn a local zoning denial made by recorded vote with documented findings.
- Tax credit condition: Developers seeking federal tax credits for covered data centers must submit and publicly file a legally binding community benefit agreement. This agreement must cover local tax payments, measures to address impacts on roads, water, stormwater, and utilities, environmental and noise monitoring, and a Local Workforce Utilization Plan. The plan requires good-faith efforts to hire locally, partnerships with apprenticeship programs and community colleges, and preference for local contractors.
- Definition of covered data center: Applies to facilities with 20 megawatts or more of power demand, or groups of related facilities under common control that together reach this threshold.
Significant Changes to Existing Law
The bill adds new limitations on federal court jurisdiction and agency actions regarding local zoning decisions, which previously had no such explicit restrictions in this context. It also creates a new subpart in the Internal Revenue Code (Subpart H under Part IV of Subchapter A) that conditions tax credit eligibility on community agreements, representing a new requirement not previously tied to data center development incentives.
Potential Impacts
- On government agencies: Federal courts would have reduced authority over certain local zoning matters; agencies involved in permitting would need to verify the absence of ongoing legal challenges before approving projects.
- On citizens and communities: Local residents could gain more direct influence through required agreements on infrastructure, environment, and jobs, potentially leading to more tailored mitigation of data center effects.
- On international relations: No direct effects identified in the legislation.
Main Stakeholders Affected
- Local governments and their zoning authorities.
- Data center developers, owners, and operators seeking federal tax incentives or permits.
- Regional workers and workforce development organizations.
- Communities and residents near proposed data center sites.
- Federal tax authorities (such as the IRS) responsible for administering credits.
Notable Legal, Constitutional, or Political Implications
The measure introduces limits on federal judicial review of local land-use decisions, which could raise questions about the balance of federal and local authority under existing constitutional frameworks. It also conditions access to federal tax benefits on private agreements with local officials, potentially affecting how tax incentives are structured for large infrastructure projects.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Bresnahan, Robert P. [R-PA-8]
Recent Actions
- 2026-06-11: Referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-06-11: Referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-06-11: Introduced in House
- 2026-06-11: Introduced in House
Bill Versions
- Local Control Protection Act — issued 2026-06-11 — PDF (5 pages)