How HR 9262 changes current law

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill introduces new regulations affecting local governance and tax incentives for data centers while defining a covered data center.

• 42 U.S.C. 17112

  the term "covered data center" means-- (1) a data center (as defined in section 453(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112(a))) with a power demand of 20 megawatts or more; or (2) any group of facilities-- (A) under common ownership or control; (B) the majority of which primarily contain electronic equipment used to process, store, and transmit digital information; (C) located on a contiguous or proximate site within the same municipality or county; and (D) that, in the aggregate, have a power demand of 20 or more megawatts.

  Defines a new category of 'covered data center' based on power demand and group characteristics.

• Internal Revenue Code

  No credit against the tax imposed by this chapter for any taxable year shall be allowed under this part to a taxpayer developing a covered data center... that includes terms related to local tax liabilities, infrastructure mitigation measures addressing road, water, stormwater, and utility impacts, environmental and noise monitoring protocols, and that is accompanied by a Local Workforce Utilization Plan...

  Establishes requirements for community benefit agreements as a condition for receiving federal tax incentives for data centers.

• Internal Revenue Code

  The Local Workforce Utilization Plan shall be publicly filed as part of the agreement required under this subsection and shall be updated annually for the duration of the construction period.

  Mandates annual updates and public filing of Local Workforce Utilization Plans associated with community benefit agreements.

• A court of the United States shall not have jurisdiction to hear any challenge to the determination of a unit of local government to preclude the development of a covered data center...

  Protects local government zoning decisions from federal court challenges regarding covered data centers.

• No Federal agency may approve permits related to the construction or operation of a covered data center if the owner, operator, or developer of such covered data center has initiated or is maintaining a legal action... seeking to challenge, overturn, or otherwise override a zoning denial...

  Prohibits federal agencies from approving permits for covered data centers involved in legal disputes over zoning denials.