Rep. Ro Khanna Proposes 'Data Center Bill of Rights' to Protect Local Zoning

Representative Ro Khanna (D-CA) has introduced House Resolution 1471, a legislative proposal calling for a "Data Center Bill of Rights." The resolution seeks to safeguard the authority of local communities to reject or restrict the construction of AI data centers without being overruled by state or federal preemption.

Under the proposed resolution, municipalities would have the power to ban data centers in residential areas and within 2,500 feet of sensitive locations, including homes, schools, childcare facilities, hospitals, and nursing homes. To ensure transparency, the resolution mandates independent public impact reports. These reports would assess how a proposed facility affects public health, local rents, housing availability, 10-year job projections, and utility bills. Additionally, the resolution calls for the mandatory use of clean energy and prohibits electricity rate increases for small businesses and households resulting from data center demand.

The Infrastructure Backlash

This legislative push arrives during a period of intensifying national friction over the rapid expansion of AI infrastructure. Localities are increasingly concerned about the environmental and economic footprint of massive server farms. For example, cities and states, including New York, have already attempted to implement bans or moratoriums on large data centers. Much of this opposition is a reaction to federal efforts that seek to exempt data centers from specific environmental laws or create policies that supersede state-level regulations.

Environmental and Economic Stakes

The scale of resource demand is a primary driver of the conflict. According to the World Resources Institute, AI data centers are projected to consume as much as 32 billion gallons of water per year by 2028. Beyond water scarcity, there are significant concerns regarding the stability of the power grid and the potential for industrial demand to drive up costs for residents. Rep. Khanna emphasized the need for local control, stating, "We need a data center bill of rights where communities don't have these data centers shoved down their throat."

The Shift in Power

If adopted, this framework would represent a significant shift in the power balance between tech giants, state governments, and local municipalities. By framing the ability to oppose infrastructure as a "Bill of Rights," Khanna is attempting to codify local autonomy as a fundamental right. This approach could potentially slow the pace of AI infrastructure deployment across the U.S. as the government weighs rapid technological growth against community stability and environmental sustainability.

What to Watch

Observers will now watch to see if the resolution gains traction in the House or serves as a blueprint for similar state-level legislation. While the resolution sets a policy direction, the extent to which it can successfully block federal preemption remains a key legal question. Further attention will be needed on whether tech developers adjust their site-selection strategies to avoid the residential buffers proposed in H.Res. 1471.