In a significant move to empower local communities, U.S. Representative Rob Bresnahan has put forward legislation to shield small localities from federal lawsuits when they reject data center proposals. This initiative, called the “Local Control Protection Act,” aims to balance the interests of local decision-makers and large corporations by ensuring community benefits from approved developments.
“We felt that taxpayer dollars should be spent on roads, public safety, community services, and not defending against litigation from large multi-billion-dollar corporations,” Bresnahan stated, highlighting the act’s intention to prevent taxpayer money from being funneled into legal defenses against powerful corporate entities.
The proposed law is designed to reassure communities that choose to support data center projects by mandating that the workforce remains local. “We’re making incredible investments into apprenticeship programs and career technical schools that we want to develop the workforce right here in Northeastern Pennsylvania,” he added, emphasizing local job creation.
The Local Control Protection Act
Introduced in the U.S. House, the legislation seeks to curtail the ability of large corporations to challenge local decisions about data centers. It ensures that approved projects offer tangible benefits to the community. Bresnahan clarified that the act is neither a blanket ban nor an unrestricted green light for data center construction, but rather a measure to empower local communities.
Protection under this act would apply when rejections are based on documented concerns such as public health, infrastructure, or community character. Bresnahan emphasized the importance of local governance: “Personally I did not feel that Washington, D.C., should be dictating what belongs in the backyards. Our local electeds need to decide what’s best for our friends and our families and our neighbors and what it means for a community.”
The act stipulates that approved projects must provide community benefit agreements (CBA), which include provisions for infrastructure and environmental protocols. Additionally, these agreements must ensure local workforce recruitment and partnerships with local educational institutions.
Scranton Mayor Paige Cognetti’s Response
As Bresnahan introduces this legislation, Scranton Mayor Paige Cognetti, a Democratic challenger for his congressional seat, has criticized his motives. A spokesperson for Cognetti’s campaign accused Bresnahan of prioritizing personal financial interests over community well-being, citing his investments in data center stocks.
Cognetti’s campaign argues that Bresnahan has previously broken promises related to health care and congressional stock trading bans. They point to a recent $25 billion investment in Northeast Pennsylvania by Blackstone Infrastructure, which Bresnahan celebrated, as evidence of his conflicting interests.
Bresnahan Defends Economic Investments
Responding to the criticism, Bresnahan expressed his pride in welcoming economic opportunities while also preserving community decision-making. “I’m so proud to welcome economic investment into our communities. This doesn’t need to be and/or, this could be and/and,” he remarked, suggesting that economic growth and community autonomy can coexist.
The 8th congressional district, represented by Bresnahan, encompasses several counties with ongoing or proposed data center projects. Notably, Lackawanna County has 14 data center campuses proposed, making it a focal point of development discussions in the state.
The 8th congressional district covers all of Wayne, Pike, and Lackawanna counties and parts of Luzerne and Monroe counties.
Data centers in the district:
● Lackawanna County has 14 data center campuses proposed, including six campuses in Archbald, which is the most of any municipality in the state.
● In Wayne County, the Linde Corporation recently introduced plans to construct 20, 118,000 square-feet data centers in Clinton Twp.
● In Luzerne County, NorthPoint Development plans to construct a 15-building data center campus in the Humboldt Industrial Park in Hazle Twp. In November, township supervisors denied land development plans. NorthPoint filed an appeal to that decision in court. Luzerne County Judge Lesa Gelb denied that appeal. There’s also a proposal in West Hazleton.
● In Monroe County, residents are fighting the Pennsylvania Glacial Till LLC from turning its 500-acre property in Tobyhanna Twp. into a data center campus. The Tobyhanna Twp. Zoning Hearing Board will continue a zoning validity challenge hearing on Monday, June 22, at 5 p.m. at Khalahari Resort. There’s also a two-building data center campus proposed in Smithfield Twp.
