Enshrine Local Labor Demands into Law

There are four pathways that local policymakers can take to enshrine these demands into law.

Pass a County Labor Ordinance

Where it does not conflict with state or federal law, cities can pass labor ordinances codifying these provisions into law. This is the strongest possible vehicle because it would apply to all workers in a jurisdiction.

Require Job-Quality Standards as a Condition on Permitting Approval

As a next-best step, localities should condition permitting on data center proposals abiding by strong labor standards. Crucially, these must be legally binding and include a clawback provision that specifies failure to meet the agreed-upon standards will result in the revocation of the permit and certificate of occupancy. See Establish Conditional Use Permitting for Data Centers for more details.

Require Job-Quality Standards as a Condition of Tax Breaks or Subsidies

If attaching labor conditions to the conditional permitting process is not possible, localities can attach labor conditions to tax breaks where there is no conflict with state law. Note: This is less preferable to permitting because localities should repeal tax breaks for data centers. These must be legally binding and include a clawback provision that specifies failure to meet the agreed-upon standards will require repayment. See Repeal or Limit Tax Incentives and Subsidies for more details.

Institute Legally Binding Community Benefits Agreements

Labor conditions can also be attached to community benefits agreements (CBAs). This is the least preferable vehicle because CBAs are limited in scope and do not apply to all data center development projects within a community. See Considerations for Community Benefits Agreements for more details.