Ro Khanna Proposes 'Data Center Bill of Rights' to Shield Local Zoning

Representative Ro Khanna (D-CA) has introduced a resolution to the House of Representatives aimed at safeguarding the ability of local communities to reject data center projects, as Engadget first reported. The proposed "Data Center Bill of Rights" is designed to ensure that local regulations are not overruled or preempted by the State.

The resolution suggests that communities should be empowered to reject projects through transparent processes. Specifically, the measure proposes that locals have the option to prohibit data center developments in residential zones and within 2,500 feet of nursing homes, hospitals, childcare facilities, schools, or homes. Additionally, the resolution argues that communities should be able to mandate the use of clean energy, demand transparency from providers, and block adjustments to electricity rates.

Engadget reports that these proposals come amid a growing wave of local and state-level resistance to the rapid expansion of data center infrastructure, including a one-year moratorium on such projects in New York. The primary drivers for these protests and regulations are financial and environmental concerns. Specifically, the resolution highlights the pollution generated by turbines and generators used to power these facilities, as well as the fact that AI data centers could consume as much as 32 billion gallons of water annually by 2028.

While the resolution serves as an outline for potential legislation rather than a ready-to-pass law, it highlights a tension between local autonomy and federal priorities. Engadget notes that the federal government has generally moved to limit state regulation and has exempted data centers from certain existing environmental laws. The resolution stands in contrast to the high-density housing laws in California, Khanna's home state, which seek to reduce "NIMBY" objections to development.