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HR 10119

Protecting Local Control of Data Centers Act

119th Congress Introduced by Tom Barrett

Prohibits federal preemption of state or local land-use, zoning, siting, or permitting authority for data centers on non-Federal land, preserving local control.

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 10119

Bill overview

HR 10119, introduced in the 119th Congress and referred to the House Committee on Energy and Commerce, seeks to prohibit the preemption of state or local authority over land-use, zoning, siting, or permitting for data centers located on non-Federal land. The bill also indicates it includes “other purposes,” suggesting additional related provisions beyond the core preemption prohibition. Co-sponsor: Rep. Tom Barrett.

Primary purpose and intent

  • The central aim is to preserve and protect state and local control over decisions about where data centers can be built and operated on land not owned or managed by the federal government.
  • By limiting or preventing federal preemption, the bill intends to empower localities to determine zoning, siting, permitting requirements, and related land-use considerations for data center projects.
  • The measure appears to respond to concerns that federal preemption could override local planning or environmental review processes.

Key provisions and changes (as implied by title and summary)

  • Prohibition on preemption: The bill would bar or restrict federal preemption of state or local land-use, zoning, siting, or permitting authority for data centers on non-Federal land. This means local and state regulatory processes would be the primary governance framework for such projects.
  • Scope of data centers: The focus is on data centers located on non-Federal land, i.e., land not owned by the federal government or under federal jurisdiction for purposes related to the facility.
  • The “other purposes” clause suggests there may be ancillary provisions, such as definitions, enforcement mechanisms, or related regulatory or funding provisions, though exact text is not provided in the summary.

Who and what is affected

  • Jurisdiction: Local governments (cities, counties, and other municipal authorities) and state governments that regulate land-use planning, zoning, siting, and permitting for data centers.
  • Data center developers and operators: Entities proposing to construct or operate data centers on non-Federal land would be subject to state or local regulatory processes rather than federal preemption.
  • Potential stakeholders: Communities adjacent to proposed data center sites, environmental reviewers, and local planning departments that oversee land-use decisions.

Procedural and timeline aspects

  • Status: Introduced in the House and referred to the Committee on Energy and Commerce on 2026-08-20.
  • Next steps: The committee would typically review, potentially mark up, and vote on a reported bill to move it toward floor consideration. If enacted, it would become law and supersede any existing federal preemption that would otherwise apply to data center siting on non-Federal land, to the extent aligned with the bill’s provisions.

Potential implications and considerations

  • Regulatory autonomy: Strengthens state and local decision-making authority for data center siting, which could lead to more tailored local standards (e.g., noise, traffic, energy usage, cybersecurity considerations, and environmental impact).
  • Compliance burden: Data center developers might face varied requirements across jurisdictions, potentially increasing permitting complexity and timelines.
  • Consistency and predictability: In areas with harmonized or streamlined federal preemption approaches, the bill could reduce federal influence and create a more diverse regulatory landscape.
  • Investment and project timelines: Depending on how aggressively local processes differ, permitting delays or stricter local standards could impact project timelines and capital costs.

Note: The summary is based on the bill’s title and action history. For precise provisions, definitions, timelines, enforcement, and any fiscal implications, the full text as filed and committee reports would be the authoritative sources.

Compiled from official sources — confirm details with the bill’s official record.

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